Global Human Rights Sanctions Regime

Mr Speaker, with permission, I would like to make a statement on the global human rights sanctions regulations. As we forge a dynamic new vision for a truly global Britain, this Government are absolutely committed to the United Kingdom becoming an even stronger force for good in the world: on climate change, as we host COP26; as we champion 12 years of education for every girl in the world, no matter how poor their background; and on human rights, where we will defend media freedoms and protect freedom of religious belief; and, with the measures we are enacting and announcing today, hold to account the perpetrators of the worst human rights abuses.

I first raised this issue in a 2012 Backbench Business debate. It was a cross-party issue then, as I hope it will be now. I recall co-sponsoring it with the former Foreign Secretary, David Miliband. I also would like to pay tribute to Members from across the House, particularly my right hon. Friend the Member for Haltemprice and Howden (Mr Davis), who sponsored that debate, and the hon. Member for Rhondda (Chris Bryant), who joined me in that initial debate and who has been chivvying me along ever since, normally from a sedentary position.

I’ve not stopped.

You better had.

The idea of taking targeted action against human rights violators has received further cross-party backing since then, from hon. Members in all parts of the House, including five former Foreign Secretaries and the current Chair of the Select Committee on Foreign Affairs. In 2019, it was in the Conservative party’s manifesto as a clear commitment.

Today I am proud that under this Prime Minister and this Government, we make good on that pledge, bringing into force the United Kingdom’s first autonomous human rights sanctions regime, which gives us the power to impose sanctions on those involved in the very worst human rights abuses right around the world. These sanctions are a forensic tool, which allows us to target perpetrators without punishing the wider people of a country that may be affected. The regulations will enable us to impose travel bans and asset freezes against those involved in serious human rights violations. We are talking about, first, the right to life, where it is threatened by assassinations and extra-judicial killing; secondly, the right not to be subjected to torture or cruel, inhuman or degrading treatment or punishment; and, thirdly, the right to be free from slavery, servitude or forced or compulsory labour. The powers enable us to target a wider network of perpetrators, including those who facilitate, incite, promote or support these crimes. This extends beyond state officials to non-state actors as well. So if you’re a kleptocrat or an organised criminal, you will not be able to launder your blood money in this country. Today this Government and this House send a very clear message, on behalf of the British people: those with blood on their hands, the thugs of despots, the henchmen of dictators, will not be free to waltz into this country, to buy up property on the Kings Road, do their Christmas shopping in Knightsbridge or siphon dirty money through British banks or other financial institutions.

The regulations are just the latest next step forward in the long struggle against impunity for the worst human rights violations. We have deliberately focused on the worst crimes, so we have the clearest basis, to make sure we can operate the new system as effectively as we possibly can. That said, we will continue to explore expanding this regime to include other human rights, and I can tell the House that we are already considering how a corruption regime could be added to the armoury of legal weapons we have. In particular, hon. Members will be interested to know that I am looking at the UN convention against corruption, and practice already under way under the frameworks in jurisdictions such as the United States and Canada.

May I start by strongly welcoming this statement and the advance sight of it? It has been, as Bill Browder rightly said, a long and difficult journey to persuade the Government to take this step. I know that it has been personally frustrating for the Foreign Secretary to be repeatedly challenged by me over recent weeks about the delays when he has spent the last eight years as its champion. For too long the UK has been a haven for those who use corruption, torture and murder to further their own ends. Today, I hope, sends a strong message that the UK is not their home and that their dirty money is not welcome here.

I pay tribute, too, to Sergei Magnitsky and his family, who have waited far too long for this day. Magnitsky worked for a British company, and it is right that, today, in his honour, we start to clean up the global corruption that he exposed and that cost him his life. I also put on record our support for ensuring that some of those responsible for his murder are the first to face consequences. The time for action against Russian Government officials who oppress LGBT people, Muslims and other minorities and who use chemical weapons on the streets of the UK is long overdue. This is a profound act of solidarity with the Russian people over those who have made their lives a misery for far too long.

I welcome, too, the Foreign Secretary’s action against those involved in the appalling murder of Jamal Khashoggi. I gently say to him that, although today is not the day for sparring across the Dispatch Box, it would be welcome if it marked the start of a more consistent approach from the Government towards Saudi Arabia, and in particular the arms sales from this country that are being used to harm innocent civilians in Yemen.

Similarly, we are grateful to the Foreign Secretary for including the Rohingya in Myanmar in today’s announcement. I hope that he will use his new remit to consider why the UK investment arm, CDC, continues to invest in those who are complicit in silencing people who speak out against human rights abuses in Myanmar.

I thank the hon. Lady for her full-throated support. Although it is always a pleasure to spar with her, it is also worth reflecting on those occasions when the House can stand in unison and support such measures. I know that the family of Sergei Magnitsky will hugely appreciate her personal solidarity at what will be a difficult time, after an incredible and ongoing march for justice. I also agree with the wider support that she expressed for the designations.

Let me try to address her queries and concerns. On corruption, work is under way. We are committed to that. There are different definitions of corruption, which has been one of the challenges at international level, but I agree with the point that corruption and human rights abuses are often interlinked. Indeed, in the case of Sergei Magnitsky, what is astonishing is that we have one of the most egregious corruption cases, coupled with an appalling human rights abuse. I reassure the hon. Lady that that work is under way.

The hon. Lady asked about the overseas territories and Crown dependencies, to which the legislation will be extended. The designations will be published online, so her plea for transparency is, I believe, fully met. Finally, whether in relation to Select Committees, scrutiny of the process or the designations, we would welcome a full and rigorous engagement and scrutiny of all that process. I will not, of course, tell Select Committees or the House how to organise their business, but we welcome that and engage with it.

I pay tribute to my right hon. Friend. We have been waiting for a while for excellent foreign policy suggestions, but we have had three in the past three weeks—one on British national overseas passports last week, and now this on the Magnitsky sanctions. This is another fantastic policy change by Her Majesty’s Government, and something that the hon. Member for Rhondda (Chris Bryant) and the Foreign Affairs Committee have been clear on for a number of years. Indeed, I know that the hon. Gentleman will have read our “Moscow’s Gold” report of May 2018, in which this was one of the many recommendations. This builds on his earlier work as a human rights lawyer at the Foreign Office, and I pay tribute to him twice over.

There has been a remarkable silence on human rights violations in China. As yet, there is no announcement on any sanctions against those who are either exploiting or abusing the Uyghur minority in Xinjiang, or repressing democracy activists in Hong Kong. I wonder whether that is merely because this is the first stage of sanctions and the Foreign Office has not quite yet caught up with it, or whether it is a policy change. I also pay tribute to the few words the Foreign Secretary said about co-operation with others. As he knows, sanctions work best when they work with others. Working with our European and CANZUK friends is an important aspect of that.

I also pay tribute to two other people who have done incredibly well: Oliver Bullough and Luke Harding are two writers who have brought huge amounts of attention to the problems in the UK system, and I thank them for their work.

I thank my hon. Friend, and pay tribute to the work that he and the Foreign Affairs Committee have done. I thought he mentioned three foreign policy triumphs, but I felt a bit short-changed because he missed one out. [Interruption] There is plenty of time yet. I thank him for his warm words. We fully respect and engage with scrutiny from that Committee, but it is also good when we can work together and produce results, and today’s regulations are an example of that. He asked about China, and recently the Human Rights Council led a statement with 27 countries on the human rights situation in Xinjiang, as well as in Hong Kong. Of course, as with China and many other countries, people will wish to come up with further suggestions going forward, and we will consider those carefully, based on the evidence. If my hon. Friend will forgive me, I will not pre-empt what the next wave of designations will be, but I assure him that we are already working on them.

I also thank the Foreign Secretary for advance sight of his statement. He is entitled to a quiet moment of personal satisfaction today, and it would be remiss of us not to recognise his role in getting the House and Government to this point. The SNP certainly supports those measures. We would like to see more of them. We called for them repeatedly for a number of years. I have to say, however, that I was surprised to read about them in the Financial Times before we heard about them today. That is something that we should all consider about how announcements are made.

I will pick up on two aspects of the statement, particularly on international co-operation. It is vital that the measures, welcome as they are, are co-ordinated across other countries—obviously with the European Union and the Five Eyes partners. I would also like a statement from the Foreign Secretary on how they will interact with British overseas territories. There is already a vast array of loopholes to tax transparency and other mechanisms of accountability. This is a welcome step, but how will it work with the other territories where we have some influence?

The Foreign Secretary said in his statement that dictators will not be able to launder their blood money in this country. Who would not be able to support that? Progress on the ground, however, suggests that we have an awful lot still to do. I refer him and the House to the Open Democracy report published last month that said that

“400,000 British companies do not, will not or cannot say who controls them”,

and, from its own research, Britain has long operated

“as a global hub for financial crime”.

We have a long way to go to build on today’s announcements. Scotland is not immune to that. Scottish limited companies have been abusing money laundering. We all need to work on this together. I would be grateful for some statements about how the British overseas territories will interact with the measures and, indeed, on the wider financial transparency reform that we need in order to clean up the UK’s jurisdiction.

I thank the hon. Member for his support for the measures and the designations, and for his kind words. He is right about international co-ordination; the measures will be most effective if we can conjure a groundswell of co-ordinated action, even if we want to be free to assign the designations as and when we see fit based on the evidence. Co-operation with the Five Eyes countries, both those that have existing Magnitsky mechanisms in place and those that are working on it, like Australia, is important. Certain EU member states already have them, particularly in the Baltics, I think, but there is no EU-wide human rights regime. Certainly, if it wishes to consider that, that will be an area for strong ongoing co-operation, notwithstanding our departure from the EU.

The hon. Member asked particularly about the OTs. As I thought I made clear, we will ensure that the measure extends the regulations, and indeed the designations, to all the overseas territories and, of course, the Crown dependencies.

I unreservedly congratulate my right hon. Friend. As my hon. Friend the Member for Tonbridge and Malling (Tom Tugendhat) and others have said, he has personally been an advocate of this for some considerable time, so he will have the right to satisfaction on that. I also commend him for naming all those to do with the Magnitsky case and in Saudi Arabia.

Following the question from my hon. Friend the Member for Tonbridge and Malling, I again raise the issue of China, because this is where big business will start to lean on the Government quite hard. Last week started with an exposé from the Inter-Parliamentary Alliance on China regarding the involvement of Chinese officials and Government in the Uyghur suppression, sterilisation and forced encampment, and it ended with their involvement in the stripping away of the rights and freedoms of the people in Hong Kong, all the way up to the top.

I do not expect my right hon. Friend to answer specifically, but I ask him a simple question. Given the announcement in the papers today, many in Hong Kong have said that it should go to whatever highest level the evidence takes it. Would he be prepared, therefore, to follow through with the measures no matter who the individuals are, no matter how high they go, and even if it meant starting with Carrie Lam, whose family, I understand, have the privilege of British passports?

I thank my right hon. Friend. He is absolutely right that, with these regulations and this legislation, there will of course be a whole range of suggestions and proposals from inside this House, from civil society and from non-governmental organisations about potential names. We will, of course, want to ensure that we proceed in a rigorous way. We want it to be based on evidence, but the advantage that we have is that the measures—this is one of the reasons I have always been a fan, champion and supporter of them—allow us to continue to engage bilaterally with countries that, frankly, we need to, while having targeted sanctions, the visa bans and the asset freezes, on the individuals who may be responsible. Where the evidence shows that that is the case, we have the mechanism to deliver that.

I too thank the Foreign Secretary for advance sight of his statement and congratulate him on what I think will be seen in years to come as a watershed moment in the development of human rights law. He is absolutely right to focus on the most clamant cases that he has listed in early designations today, but I hope that frees up time and resource within the Foreign Office to turn attention towards China, and particularly to those in Hong Kong, for whom sanctions of this sort would appear to be the logical next step.

The Foreign Secretary rightly outlines and refers to the role of the courts in due process and ensuring that proper safeguards are put in place. There is another element, which is the role of this House in that regard. Others have referred to the Select Committees. The one Select Committee we are missing at the moment is the Intelligence and Security Committee. Does he agree that the announcement he has made today, which has been so widely well-received around the House, demands the early constitution of the ISC?

I thank the right hon. Gentleman for his support. These measures are important. I am not going to start, without proper appraisal and assessment of the evidence, handing out future designations. What I can tell him is that one of the delays or bits that took time was making sure we have a proper mechanism so that, as he rightly says, we go into a sort of steady state and can assess judiciously and carefully any future candidates for designations, if I may put it like that. He asked about the ISC. We want to see the ISC up and running as soon as possible. Once it is duly constituted, it will have a role in issues such as this.

Many of us on the Back and Front Benches, especially my right hon. Friend the Foreign Secretary, have been working for some time on the Magnitsky measures, and I congratulate him on this important announcement today. I just ask two questions. First, may we please see strong transparency and openness in how these measures are brought to bear? Secondly, and in particular, does he agree that Parliament should have real input into how the measures are put into effect?

I pay tribute to my right hon. Friend for all the work he has done in this area and in promoting human rights in international relations, particularly in his time as International Development Secretary. There is clearly an important role for the legislature, not only in debates and scrutiny in this House, but in the Select Committees. Select Committees, individuals, NGOs and external actors can provide information and evidence, as well as suggestions about how we take these matters forward. We have also, to give maximum transparency to the House today, published a policy note to explain how we will go about it and in particular how the designation process will look at the worst crimes and those who bear the greatest responsibility for those human rights violations.

I am absolutely delighted. Well done. That is not least because human rights in the end are a seamless garment. Uyghur Muslims, gay Chechnyans, Russian journalists, Colombian campesinos and the Rohingya all have human rights. Corruption nearly always goes hand in fisted glove with human rights abuse and nearly always the first step is the repression of democracy—the preventing of people from enjoying their freedom of assembly and their freedom of speech. That is why I strongly urge the Foreign Secretary to look at another clause that would include the repression of democracy and the rights of assembly and of freedom of speech, and therefore look very carefully at whether Carrie Lam should not be on the list.