PARLIAMENTARY DEBATE
Global Human Rights Sanctions Regime - 6 July 2020 (Commons/Commons Chamber)
Debate Detail
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.
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.
Today we have also published a policy note, which sets out how we will consider designations under these regulations, for maximum transparency. As the House would expect, the legislation will ensure that due process will be followed in relation to those designations, reflecting the process rights contained in the Sanctions and Anti-Money Laundering Act 2018. In practice, those people designated will be able to request that a Minister review the decision. They will be able to challenge the decision in the court. And, just as a matter of due diligence, the Government will review all designations at least once every three years.
In addition to introducing this new legal regime, today we are proceeding directly to make the first designations under the regulations. We are imposing sanctions on individuals involved in some of the most notorious human rights violations in recent years. The first designations will cover those individuals involved in the torture and murder of Sergei Magnitsky, the lawyer who disclosed the biggest known tax fraud in Russian history. The designations will also include those responsible for the brutal murder of the writer and journalist Jamal Khashoggi, and those who perpetrated the systematic and brutal violence against the Rohingya population in Myanmar. They will also include two organisations bearing responsibility for the enslavement, torture and murder that take place in North Korea’s wretched gulags, in which it is estimated that hundreds of thousands of prisoners have perished over the past 50 years. With those first designations, the Government—and, I hope, the House and the country—make it crystal clear to those who abuse their power to inflict unimaginable suffering that we will not look the other way. You cannot set foot in this country and we will seize your blood-drenched ill-gotten gains if you try.
In practice, targeted sanctions are most effective when they are done through co-ordinated collective action, so we will be working closely with our Five Eyes partners, including in particular the US and Canada, which already have Magnitsky-style sanctions legislation, and Australia, which is considering similar legislation. We will also strongly support efforts to bring an EU human rights sanctions regime into effect and we stand ready to co-ordinate with our European partners on future measures. In fact, I discussed that in Berlin recently with our E3 partners.
Mr Speaker, with your permission I would like to end by paying tribute to the man who inspired these sanctions, Sergei Magnitsky, a young Russian tax lawyer. Between 2007 and 2008, Magnitsky exposed the theft of $230 million committed by tax officials in Russia’s own interior ministry. While others left Russia, understandably fearing for their lives, Magnitsky stayed on to take a stand for the rule of law and to strike a blow against the breath-taking corruption that plagues Russia. That courage cost him his life. He was arrested in 2008 on trumped-up charges of tax evasion and, in a particularly Kafkaesque twist, the very tax investigators that Magnitsky had exposed were the ones who turned up to arrest him. The Public Oversight Commission, a Moscow-based non-governmental organisation, found that while in detention Magnitsky was subjected to physical and psychological abuse amounting to torture. Over the course of his time in prison he developed abdominal pain and acute bladder inflammation, but prison officers cruelly withheld the medical treatment he needed. Eventually, he was transferred to another facility ostensibly to receive medical care. Instead, he was handcuffed and beaten to death by riot police with truncheons. He died on 16 November 2009, aged 37.
The House will recall that the European Court of Human Rights found Russia had violated its most basic human rights, from the treatment of Magnitsky in prison to the lack of an effective investigation. None of those involved have ever been brought to justice. Perversely, some have been promoted or even decorated with medals. In fact, the only person ever prosecuted for this appalling crime was Sergei Magnitsky himself after his death; Russian’s first ever posthumous trial.
I pay tribute to Bill Browder, who employed Sergei Magnitsky and has campaigned for justice ever since his death. I hope that today we in this House show our solidarity with the family that Sergei Magnitsky left behind: his wife Natalia and his son Nikita. I can tell the House that they will be watching from my office in the Foreign Office as we speak. Amidst their enduring loss, they can be proud of Sergei’s courage, which inspires us to hold up a torch on behalf of all those who perished or suffered at the hands of those we designate today and to keep the flame of freedom alive for those brave souls still suffering in the very darkest corners of the world. I commend this statement to the House.
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 welcome the inclusion of trafficking in the measures; the former Member for Bishop Auckland would be delighted to see that, as the Government have previously resisted it. I express serious concern, however, that the Foreign Secretary has not yet been able to persuade his colleagues of the need to include corruption in scope. Corruption and human rights abuses go hand in hand and that must be urgently resolved. The former Prime Minister, David Cameron, expressed regret that he had not acted on the issue earlier:
“I soon realised…the advantages of working together—with other countries—under a common heading…You get extra clout from coming together across the world and saying with one voice to those who are responsible for unacceptable acts: ‘We are united’.”
The Foreign Secretary mentioned the USA and Canada and our desire to stand closely with them. They have included corruption in scope and the UK must follow suit.
Can the Foreign Secretary confirm that the measures apply to UK overseas territories and Crown dependencies? We must not create a back door that allows the laundering of blood money in the United Kingdom.
Will all names be published, including those subject to visa bans? I am sorry to do this to the Foreign Secretary, but I refer him to his earlier words. As he put it:
“If we are dealing with people who are complicit in torture and there is enough evidence to substantiate and justify a visa ban, what possible countervailing reason can there be, whether it is to change their behaviour or otherwise, for not making their name public? Would not making their name public deter others?”—[Official Report, 2 April 2014; Vol. 578, c. 300-301WH.]
He also tabled an amendment to the Criminal Finances Act 2017 seeking a public register of people who are subject to such orders, and he rightly set out in that amendment to ensure that third parties could refer to the list. We agree with him. There must be a clear mechanism for civil society to refer in line with the criteria. Can he give us an assurance that that will be forthcoming?
Similarly, will the Foreign Secretary reflect on arrangements in the United States that provide a congressional trigger and allow our Select Committee Chairs to make referrals to the list as well? I can see that the Chair of the Foreign Affairs Committee is nodding; I would expect him to agree with that suggestion. I hope that the Foreign Secretary will agree too.
Finally, as the Foreign Secretary has long championed, we must have transparency in the process. There has been serious concern about the influence of big money on politics. It is essential that there is independent oversight of the list to ensure that nobody can buy their way out of British justice. Will he commit to parliamentary scrutiny of the list and the way that decisions are taken? I know that he will face resistance from colleagues, but we will strongly support him in that endeavour.
Today is a day that we stand up against corruption and dirty money and for our values with the full support of this House. There can be no ambiguity and no double standards. The UK must lead the way at home and abroad.
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.
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 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.
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.
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?
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?
In 2019, 23 countries, including the UK, US and Japan, signed a letter addressed to the UN Human Rights Council and the UN General Assembly Third Committee urging communist China to close its camps. It saddens me that, as we condemn slavery and other beastly historical crimes, horrific exploitative labour continues—
Will these regulations allow us to follow the money and prevent other people—family members or close business associates—from being used as a front to try to give financial legitimacy to people who are abusers? Will the Foreign Secretary ensure that people who are associated with the abusers will feel the effects of these regulations too?
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