Exiting the European Union: Sanctions — House of Commons, 2017-07-19
Topic: International Affairs
Helen Catherine Goodman (Labour, Centre-left): I am not of course suggesting that the Bill should have been produced in the middle of the general election campaign, but it is quite clear that consultation responses were coming in during that period. As the Under-Secretary of State for Exiting the European Union said, officials have been looking at the responses. This is another example of the chaos and confusion that is evident on the part of the Government in the whole Brexit process. We had another example of that on Monday, when, without any explanation, Ministers withdrew the motion on a unified patent court. Across the board, policy is not being processed sensibly. These are not pieces on a chess board, but important areas of policy responsibility The consultation paper said that the legal powers we need to maintain sanctions will be put in the Bill, but it will not look at the policy goals or at how we will align future UK sanctions with those imposed by the European Union. I can understand the first part, but I really want to learn from Ministers whether the second part can be true. For sanctions to be effective, they must obviously be co-ordinated with our partners. Surely the way we make decisions to initiate and review sanctions must be explicitly linked with the processes of our partners in the UN and the European Union Hitherto in the EU, sanctions have often related to upholding values set out in the common foreign and security policy, including human rights, democracy, good governance and the rule of law. These should continue to be the cornerstones of our policy post-Brexit. I would be grateful to the Minister for Europe and the Americas if he confirmed that. The European Council has hitherto adopted decisions, together with any necessary regulations, and set out the elements of each individual sanctions regime. A number of UK Departments—principally, the Home Office, the Treasury and the Department for International Trade—have then taken on the responsibility for implementation. Will Ministers explain which Department will take the lead in co-ordinating other Departments on future sanctions In 1998, the Labour Government carried out a wide-ranging review of UK sanctions policy. When reporting to Parliament on the outcome of that review, the then Government outlined the core principles of sanctions policy: sanctions should be targeted to hit the regime, rather than ordinary people; they should include exemptions to minimise the humanitarian impact on innocent civilians; they should have clear objectives, including well defined and realistic demands against which compliance can be judged, with a clear exit strategy; there should be effective arrangements for implementation and enforcement by all states, especially neighbouring countries; and sanctions should avoid unnecessary adverse impacts on UK economic and commercial interests. We believe that these principles remain appropriate, and I would like an assurance from Ministers that they take the same view In the consultation paper, the Government state: "Primary legislation will create a framework containing powers to impose sanctions regimes, the details of which will be laid out in the secondary legislation" That is somewhat vague. We seem to be being presented with a number of Henry VIII powers. We would be grateful if Ministers could tell us what the supervision and accountability arrangements with Parliament will be Assuming that the Bill creates a broad framework, and given the importance of ensuring that individual sanctions regimes are carefully calibrated, we believe that there is a good case for saying that all secondary legislation imposing UK sanctions should be subject to the affirmative procedure. In other words, new sanctions or changes to sanctions should require a debate on the Floor of the House, rather than in Committee upstairs. That is the only mechanism that would provide the requisite parliamentary scrutiny and the opportunity for us to hold the Government to account We would also like to know what level of oversight will be built into the process of reviewing sanctions. The consultation paper says only that both "UN and EU sanctions are subject to internal reviews…We propose a similar approach under our new legislation…Internal reviews by the Government could include periodic reviews of individual designations or of entire regimes." Obviously, sanctions regimes need to adapt to changing circumstances, so ongoing parliamentary scrutiny and independent oversight will always be necessary. We want Ministers to provide clarity on that, so that procedures for accountability and independent oversight are built into any new legislation. We would like the Government to publish an annual report on the implementation of the sanctions regime, and to give Parliament a role in periodic reviews of UK sanctions—for instance, by making the Government’s annual report the subject of debates in both Houses—as well as a role in re-authorising ongoing sanctions on a yearly basis It is really difficult for a meaningful debate on this issue to take place until we have more clarity on the extent to which future UK-EU co-operation can take place, as my hon. Friend the Member for Ilford North (Wes Streeting) has said. That is particularly true of decisions as to whether sanctions should be imposed in the first place. The case of Ukraine is a good example of why it will remain important for us to work with the EU in future. It serves as perhaps the most prominent recent reminder of how collectively imposed sanctions can still have a real impact outside the UN. Everybody knows that the UK played a key role in making the intellectual case for those sanctions, and that the UK undertook significant diplomatic efforts in the EU and at the G7. How will the Government ensure not just that UK-EU co-operation on sanctions continues after we leave the EU, but that we will maintain our ability to shape decisions on when the EU sanctions are imposed? [Interruption.] "We won’t," mumbles the Minister. We will hear whether, instead of mumbling on the Front Bench, he can answer those questions at the end of the debate.