My Lords, I thank all noble Lords who have again contributed to a very practical and focused discussion. I am pleased that the noble Lord, Lord Collins, and the noble Baroness, Lady Northover, noticed the brevity of my opening
remarks. We have talked about sanctions to a large extent and perhaps I was pre-empting some of the questions. I was not disappointed. There were focused questions on the specific proposals in front of us today and I will answer them directly.
In thanking everyone here, I acknowledge and put on record the thanks of the Government to the Secondary Legislation Scrutiny Committee and the Joint Committee on Statutory Instruments, which have been working terribly hard in the current climate. I appreciate their close scrutiny of the statutory instruments laid before us today.
I agree with the noble Lord, Lord Collins, that it is important that, as we leave the European Union, we align ourselves to working closely with our European Union partners to ensure that any sanctions we impose have the desired impact. It is no good applying a sanctions regime in the UK which is different from that of some of our nearest and closest allies, including the European Union. Discussions on that have taken place with our partners and continue to do so, because we all desire to ensure the robustness of those schemes.
From the discussions I have had with a number of European Foreign Ministers, I can assure noble Lords that, notwithstanding our departure from the European Union, there is a real commitment to continue to work and align ourselves closely on many issues in which we share common perspectives—and sanctions is certainly one such area.
As noble Lords will be aware, the Sanctions Act requires a review of all UK sanctions listings at least every three years. In addition to this triannual review, we will also review all sanctions regimes such as those being debated today on an annual basis. That will present yet another opportunity to review and scrutinise how we are acting in conjunction with other key allies around the world, including those within the European Union. As I have already said, these arrangements will also provide protection for designated persons, especially when coupled with wider safeguards than the Sanctions Act.
I turn to some specific questions. The noble Lord, Lord Collins, rightly asked why we had proposed what is in front of us today and what was the exact purpose of sanctions. As I said in my opening remarks, the SIs are intended to transfer into UK law the respective EU sanctions regimes. The instruments seek to substantially mirror the policy effects and mutually reinforce the measures in the corresponding EU sanctions regime.
The noble Baroness, Lady Northover, and the noble Lord, Lord Collins, rightly raised the issue of human rights. I assure noble Lords that human rights are a significant focus of the sanctions regimes we are debating today. I know that many are keen for the UK to develop its own stand-alone human rights sanctions regime and may therefore query why we are simply transferring existing EU sanctions regimes. I assure both noble Lords that the Sanctions Act gives us the necessary powers in UK law to develop our own such regime. However, these SIs were laid on a contingent basis to provide for the continuation of some existing sanctions regimes should we leave the EU without a deal. Transferring our existing EU measures by laying
SIs such as these has been our priority, and I am sure noble Lords acknowledge that. We will soon be able to consider new regimes specifically.
The noble Baroness, Lady Northover, asked a series of questions across different elements. I have already alluded to the issue of the EU and how we will work closely together. I assure noble Lords that we will continue to work closely to strengthen our bilateral relationships with key partners. The UK’s existing co-operation with the EU on foreign policy, security and defence issues provides a strong platform on which to build our future relationship. Last week I was at the Security Council of the United Nations, under the German presidency, discussing the important issue of sexual violence in conflict. The bilateral discussions I had with the German Foreign Minister and others concerned how we could align ourselves closely in areas of mutual co-operation.
The EU-UK political declaration, which I am sure noble Lords saw, also mentions specifically:
“Consultation on sanctions, with intensified exchange of information where foreign policy objectives are aligned, with the possibility of adopting mutually reinforcing sanctions”.
That is a clear statement of intent on how we seek to co-operate going forward.
The noble Baroness asked about divergence from EU sanctions. My right honourable friend the Prime Minister has said that the UK,
“will look to carry over all EU sanctions at the time of our departure”.
I assure the noble Baroness that, under the sanctions Act, the Government will produce secondary legislation for each existing EU regime in order to carry EU sanctions over into UK law. Stating what will happen in future would be purely speculative, but I hope that I have given a level of reassurance to noble Lords in respect of our intention to work closely with our European partners.
The noble Lord, Lord Collins, rightly raised human rights and specifically the Magnitsky sanctions. I was proud of your Lordships’ role in ensuring that there was a real focus on human rights in the sanctions Act. As noble Lords will have noted, three out of the four sanctions regulations being debated today—on Burma, Venezuela and Iran—are made at least in part to promote compliance with international human rights law and respect for human rights. The sanctions imposed under these regulations are designed to ensure accountability for human rights violators.
As I have already said, the Sanctions and Anti-Money Laundering Act 2018 provides powers for the UK to make secondary legislation 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. I assure noble Lords that the UK strongly supports current efforts to establish a thematic human rights sanctions regime. The Government’s focus to date has been on ensuring that we have the necessary secondary legislation in place to implement EU and UN sanctions. The SIs we are debating today are part of that preparation. As a member of the EU, or during the implementation period, EU sanctions will apply within the UK, and we will use the powers provided
by the sanctions Act to the fullest extent possible during that period. The noble Lord talked about different countries during that interim period, and there will be some limitations on what we can impose autonomously. I assure noble Lords that it is our intention that national sanctions in relation to human rights will be brought forward, but we will need to design and draft a statutory instrument to ensure that associated processes and structures are in place. I am sure noble Lords will agree that it is also important that we set up the regime correctly to ensure that sanctions meet the legal tests set out in the sanctions Act. In summary on that point, the Magnitsky clause in the sanctions Act, and the Act itself, provide the governance and framework to allow us to take forward those principles and those protections for human rights.
If I may digress for a moment, it was a huge privilege recently to mark the 40 years in Parliament of the noble Lord, Lord Alton. He has been a strong promoter of human rights over many years. I pay tribute to him and put on record my thanks for being such an advocate for human rights over a number of years. The contribution he made today underlines the intense focus, detail and sensitivity he brings to this subject. I look forward to working with him and, indeed, all noble Lords on these important issues.
The noble Lord, Lord Alton, and the noble Baroness mentioned Burma. I assure noble Lords that the regulations in front of us impose an arms embargo as well as prohibitions relating to dual-use items and items that can be used for internal repression and for the interception and monitoring of telecommunications. There are also currently prohibitions on the provision of interception and monitoring services and on military related services, including the provision of training, personnel and funds to the Tatmadaw. The noble Lord, Lord Collins, alluded to the leadership of Burma. We have led the way in the EU when it comes to sanctions on Burma. The noble Lord, Lord Alton, rightly made a point about the situation in the United Nations. Burma has been an issue. As the penholder on Burma at the United Nations Security Council, we are cognisant of the importance of moving forward on these issues. Undoubtedly some members of the Security Council are reluctant to move forward in the way all of us in this House would want to see, but I will apprise the noble Lord of the progress we can make in this respect. It is not something that we are losing focus on. I stress that in my capacity as the Prime Minister’s special representative on preventing sexual violence in conflict, ensuring that we bring justice for the victims and survivors of tragic events such as the ethnic cleansing we have seen in places such as Burma by bringing the perpetrators to justice will remain a key focus of my human rights work.
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My noble friend Lady Hooper and the noble Baroness, Lady Northover, talked about Venezuela. We will continue to work very closely with partners on Venezuela. We are working very closely with the Lima Group and will continue to do so in this respect. Indeed, at a meeting at the UN when the crisis first broke out, my right honourable friend Sir Alan Duncan reiterated our
alignment with the Lima Group. To take up a number of points made by the noble Baroness, Lady Northover, on the unfolding situation, the EU has firmly condemned recent events in Venezuela. I must admit that like all noble Lords yesterday evening I was watching what was unfolding on our screens. We are watching events very closely. I assure noble Lords that whether it is through an Answer to an Urgent Question or otherwise we will update and apprise your Lordships’ House as things become clearer on the ground. What is very clear is that it is time for Mr Maduro to step aside and time to ensure justice and for the voices of the people of Venezuela to prevail. That is why we have aligned ourselves in support of interim President Guaidó to ensure that we can move forward. We continue to call for free, transparent and credible presidential elections at the earliest opportunity. In this respect we are working very closely with most EU member states, the United States and members of the Lima Group.
The noble Baroness, Lady Northover, asked about the Bank of England and Venezuelan gold. As I have said previously from the Dispatch Box, it is entirely the Bank’s decision. I stress again that the Bank of England rightly takes its responsibilities on this matter with the utmost seriousness. We are keeping it extremely well briefed about the fluid situation in Venezuela. As the noble Baroness is aware, the Bank does not comment on its client relationships. I assure her that we are keeping the Bank fully appraised of events on the ground.
Turning to the Iran SI, the noble Baroness raised specific issues. On Nazanin Zaghari-Ratcliffe, the treatment of British detainees in Iran is a priority for Her Majesty’s Government. I am sure the noble Baroness will acknowledge my right honourable friend the Foreign Secretary’s direct intervention in this case. His intervention has resulted in what we hope is improved access to medical treatment. It is important that we continue to raise this issue consistently and regularly with the Iranian Government, and we continue to do just that.
The noble Baroness asked about working with our European partners on issues around Iran. I go back to what I have said previously from the Dispatch Box about the importance of keeping the Iran nuclear deal on the table and of working with our European partners. That reflects our priority of ensuring that the Government in Tehran continue to be engaged internationally with Governments elsewhere in the world. A point was made about ignoring human rights to pursue nuclear trade concerns. I assure noble Lords that this is a personal priority. We do not pursue trade to the exclusion of human rights or the rule of law and we believe that a complementary approach can be adopted. When it comes to Iran, we believe that we can encourage economic development and openness and that that is the best way to develop our relationship. That provides better leverage.
The noble Lord, Lord Alton, talked about human rights and trade vis-à-vis Burma. In a former role as Transport Minister, I was one of the first Ministers to arrive in Burma heralding the arrival of a new civilian Government. It is regrettable that those ambitions have not been lived up to. We are using all our expertise in Burma in direct relations with the Burmese Government and through the offices of the United Nations to ensure that human rights are rightly seen as a priority.
Turning back to Iran, the human rights situation remains dire and we are determined to continue to hold the Government to account. Perhaps I may give a few facts and figures. The EU has designated more than 80 Iranians as being responsible for human rights violations. We have also helped to establish the UN special rapporteur on human rights in Iran and have lobbied for the adoption of UN human rights resolutions on Iran. We regularly raise these issues bilaterally, including when the Minister for the Middle East visited Tehran in August 2018.
We are fast approaching the month of Ramadan for Muslims around the world, and it is a time for great compassion and humanity. I am sure that we look to everyone across the world to consider some of these cases with the compassion and humanity that their faith calls for, and I particularly appeal to those in Iran to do so.
The noble Lord, Lord Alton, asked what the UK is doing specifically on Burma. I have already alluded to various elements and he is fully cognisant of the aid programme and support that we continue to provide. Sanctions have been raised against 14 individuals in the Burmese military, including the border guard and associated persons who were responsible for human rights violations in 2018. The Foreign Secretary wrote a joint letter with the French Foreign Minister making it clear to the Burmese authorities that their commission of inquiry needs to be both independent and credible. That will lead to a judicial process. As the noble Lord will be aware, the Foreign Secretary visited Burma on 19 and 20 September to see directly for himself the situation in Rakhine State, among other places. In terms of specific sanctions on Burma, the sanctions Act provides a new legal framework through which the UK will impose, amend and lift sanctions in the future. However, while we remain a member of the EU, we will continue to work closely in alignment with the EU sanctions regime.
I assure the noble Lord, Lord Chidgey, that I have not forgotten him—I am coming to Guinea-Bissau. Currently 20 individuals are subject to asset freezes in Guinea-Bissau. We cannot reveal the names of the persons to be designated ahead of the regulations but I assure the noble Lord that we are committed to ensuring that this matter is prioritised, and we have brought forward this SI to ensure that that happens.
To conclude, these statutory instruments transfer into UK law well-established EU sanctions regimes that are in line with the UK’s foreign policy priorities. Again, I emphasise that they will encourage respect for human rights, the rule of law, and security and stability in very challenging environments. Approving these SIs will allow the UK to continue to implement sanctions from the moment we leave the EU. It will also send a strong signal about our intention to continue to play a leading role in the development of sanctions in the future.
Once again, I thank all noble Lords who have participated in this short but important debate. When it comes to sanctions regimes, I will continue to work very closely with noble Lords across the House to ensure the prioritisation of human rights obligations. I commend these regulations to the House.