Sir Andrew Mitchell
MP for Sutton Coldfield · Conservative · United Kingdom
“I urge Labour Members to rise up now and say that the historical interest and support of the Labour party have been for international development. People might expect the beastly Tories to cut aid and development, but they do not expect the Labour party to do that. Now is a chance to have a real reset, which should include three things.”
“As we get older, we tend to look back at the past through rose-tinted spectacles, but I acknowledge at the outset that British development policy is at its best by far when it is conducted on an all-party basis. It is not a Labour, Conservative or Liberal policy; it is a British policy. That was one of its great glories in the past.”
“Friend the Member for Dumfriesshire, Clydesdale and Tweeddale about the importance of saving the Independent Commission for Aid Impact, but we have to accept that we will not get a major boost in public support unless it comes from the top. We had an era of huge support, led by Tony Blair, Gordon Brown, David Cameron and Theresa May.”
“The Government are the 100% shareholder in BII and are therefore able to set out very clearly what its priorities should be, but they should then leave an organisation like BII to get on with following that mandate. I argue that there have been three great losses from the Johnson and Starmer premierships.”
“I argue that, since the Suez crisis, international development has been the only area of indisputable British international leadership—and we have lost that.”
“I do not really agree with that because, while the hon. Gentleman cites a number of areas where Britain makes a big contribution, there is a big black hole where we have cut off our legs in respect to international development. I will say a word or two about that in a moment.”
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“She was involved in the management of the black site in Thailand at which Fatima Boudchar was held and so grievously mistreated.”
“My right hon. and learned Friend has done exactly the right thing today and has cleared up a disgraceful incident, which was of course not of this Government’s making. He has also underlined the debt that we owe to the men and women of the security and intelligence services, who almost always conduct themselves with complete propriety and effectiveness. The lesson from all this is surely that the officials who help us to stay safe and who defend our country in the shadows must never play fast and loose with human rights and international humanitarian law, which are the rocks on which the safety of us all depends. Will my right hon. and learned Friend ensure that he sends to his opposite number in Washington the relevant details of this issue in respect of Gina Haspel, whose hearing for the role of CIA director is currently taking place?”
“My right hon. Friend was surely absolutely right to go to America to seek to stop the President dismissing this agreement, in the same way as he is absolutely right to meet Nelson Chamisa, the Leader of the Opposition in Zimbabwe, today on his visit to London. In respect of Iran, surely British foreign policy should be to try and bring Iran into the comity of nations and build on the existing agreement, rather than can it.”
“While Lord Kerslake appears to have found a new role adjacent to the Labour Front-Bench team, he remains one of Britain’s most senior and distinguished former civil servants and his views cannot be idly dismissed. In addition, as has been alluded to by several Members, the victims affected by what we are trying to address today may find it, frankly, rather distasteful that a bunch of politicians appear to be rushing to ingratiate ourselves with the media for fear that they will persistently trawl through our dustbins.”
“I draw the House’s attention to my entry in the Register of Members’ Financial Interests. I want to make a few general comments, particularly on new clause 18, where the House faces a fine judgment on which way to proceed. The arguments in favour of new clause 18 are strong. David Cameron promised what it proposes. I was in the Cabinet at the time and remember him making that promise and it was unequivocal, which is reflected in the new clause. Brian Leveson has confirmed his belief that another inquiry should go ahead. In the House of Lords, Lady Hollins set out persuasively the three reasons why the inquiry should proceed. There was also Lord Kerslake’s powerful testimony following the Manchester tragedy that lessons have still not been learned about press intrusion.”
“Member for Barking (Dame Margaret Hodge) over the past six months, and the House has clearly benefited hugely from her distinguished period as Chair of the Public Accounts Committee. I think that this is the fourth time that we have been around this track, so it is now time for the House to assert its authority and nudge the Government into the right place. I am therefore delighted that the Government have indicated that they will accept new clause 6. I cannot forbear to point out that this is evidence that, in a hung Parliament, power passes from the Cabinet room to the Floor of the House of Commons. I was going to urge the House to support new clause 6 and, with the deepest respect, reject the Government’s starred amendments, which were tabled at the last moment yesterday, but in fact you did not select them, Mr Speaker.”
“Friend understands this well—is about trying to ensure that no unnecessary restrictions will stop money flows for humanitarian charities and non-governmental organisations that often operate with great bravery in extremely difficult and contested areas. I understand that very good progress has been made on that, and I hope that he will keep an open mind if there are future difficulties in that regard. I turn to new clause 6. It has been a tremendous pleasure to work with so many colleagues from both sides of the House, and I am grateful to many of my own colleagues for standing firm in the face of considerable pressure. It has been a very pleasurable experience to work closely with the right hon.”
“I draw the attention of the House to my declaration in the Register of Members’ Financial Interests. Before I speak about new clause 6, I would like to thank my right hon. Friend the Minister for Europe and the Americas on two other issues, the first of which is the Magnitsky amendment, for which many of us made the case on Second Reading, especially with regard to a degree of independent input from the House into the visa banning and sanctions regime. No doubt aided by the dreadful events in Salisbury, we have all now got to the same place, and I am grateful to him and his colleagues for ensuring that that is the case today. The second issue—I know from our time together at the Department for International Development that my right hon.”
“In the past, I have myself invested in an international property fund in the BVI that was properly governed. In such cases, people from different jurisdictions can put funds in without a tax charge, but when they take funds out, they pay tax in the jurisdiction where they live. So it is perfectly possible, and in my view quite likely, that if open registers are fully implemented in a jurisdiction such as the BVI, some of the serious international financial organisations and banks will choose to go there, although they do not do so today.”
“I turn to the four matters of concern to the overseas territories in the hope of reassuring them that the House is putting in place a practical measure that is not as serious as some of them seem to believe. The first concern is the belief that the measure will damage the overseas territories’ economies and destroy their income. No doubt the same arguments were used against the abolition of the slave trade. It is true that there may be some immediate but modest effect, but consider the nature of much of the funding that the overseas territories are handling and that I and others have described. In fact, the economy of the British Virgin Islands, for example, may actually improve, because much of its business is professional, transparent and completely proper.”
“Of course, and that is exactly the sort of fact that would be displayed by an open register. My hon. Friend makes my point for me. That is the sort of openness that we seek. We seek to expose the sort of money that I have outlined and that the right hon. Member for Barking so eloquently described. David Cameron’s Government understood this clearly. He showed real leadership by insisting that what he called the “shroud of secrecy” must be ripped away in this fight against money laundering and tax evasion. If the House had drawn back from agreeing to new clause 6 today, it would have sent a terrible signal against what has previously been a really strong strand of global Britain. It would have been a huge relief to thieves and money launderers around the world that our tax havens would have remained open for business.”
“That point is made eloquently but passively by the Panama and Paradise papers: it is only by openness and scrutiny—by allowing charities, NGOs and the media to join up the dots—that we can expose this dirty money and the people standing behind it, and closed registers do not begin to allow us to do that.”
“I will come to that point in a moment, but I hope that my hon. Friend will extol to his friends in the BVI the fact that this is not something that they should regret and seek to avoid, but something that offers them real commercial and economic opportunities. The second argument, as we have heard, is that the territories already have closed registers that are available to law enforcement authorities and HMRC which, in the case of terrorism, will react promptly—almost within an hour. That is of course true, but it completely misses the point.”
“My hon. Friend makes an extremely good point about Gibraltar. I have heard him speak about that subject in the House previously, and what he says is absolutely right. Last night, I received a three-page letter from the Chief Minister of Gibraltar. I was at a loss to understand why he felt that new clause 6 negatively affected him, since he has already committed, through the EU directive, to implement the whole of the new clause one year earlier than is specified. I therefore feel that the Chief Minister and my hon. Friend should be content with new clause 6.”
“We should bring the same vigour and determination to the fight against poisoned money as we do to the fight against deadly insects.”
“My right hon. and learned Friend the Father of the House, given his longevity and distinguished ministerial experience over many years, will be familiar with the points that are being made about Gibraltar and, indeed, about the importance of clamping down on money laundering. Thirdly, the overseas territories pray in aid the prayer of St Augustine—“Oh Lord, make me chaste, but not yet”—and argue that all the hot money will go to the Dutch Antilles. But it is a little bit like the battle against malaria. We seek to narrow the footprint of that disease—in this case, of illicit money—to diminish the areas affected, and then eradicate it. Through this measure, we will significantly narrow the footprint of tainted money.”
“Secondly, while both the right hon. Lady and I believe that the overseas territories should take these steps now, the Foreign Secretary was eloquent in pleading the immense difficulties that have been caused to some of these economies by the hurricanes. That is why the right hon. Lady and I agreed that we would put the timescale back by some two and half years, to the end of 2020. I very much hope that the overseas territories will take note of that. We are trying to be helpful, within the confines of the principles that we have set out in the new clause.”
“Member for Barking explained—but those signing and speaking to this new clause hope that it will not be necessary. In summary, the overseas territories share our Queen and travel under our flag, and they should also share our values. In this new clause, the right hon. Lady and I have agreed to significant concessions that I hope the overseas territories and Crown dependencies will appreciate. First, there is the total exclusion of the Crown dependencies. The Lord Chancellor was most persuasive over the past week, and they do have a different governance structure. However, I believe that Parliament will expect Her Majesty’s Government to make the point persuasively that we hope that the Crown dependencies will embrace the same ethical position and equal transparency, and accept that what is sauce for the goose is also sauce for the gander.”
“The hon. Gentleman speaks good sense. He, like me, will have been very pleased to hear from the Minister how the Magnitsky provisions will apply. I come to the fourth and final argument that the overseas territories submit: the use of an Order in Council is over the top in this day and age; and using the royal prerogative to legislate for the OTs by Order in Council is wrong. It is right that the House considers that argument, but our new clause does so by making an Order in Council a last resort to be used only if the overseas territories have not done what we have already done in the UK and introduced open registers by the end of 2020. Others have mentioned the precedents for using an Order in Council. This House and the Government are entirely entitled to use such a mechanism if necessary—they have done so, as the right hon.”
“We owe it to the poor of Africa every bit as much as we owe it to our own taxpayers to support new clause 6 today and bring an end to this scandal.”
“The hon. Gentleman has elaborated the point I have just made about how the House will expect the Crown dependencies to move towards the provisions set out in new clause 6 for overseas territories. I urge all Members to support new clause 6. We must remember that the highly respected Africa Progress Panel has shown that in the Democratic Republic of the Congo, for example, at least £1.5 billion has disappeared in stolen funds and illicit money flows. As the World Bank has made clear, much of that money stolen from the people of Africa ends up in British overseas territories. The money stolen in that way dwarfs all the international development aid, development finance and foreign direct investment that flows into Africa every year.”
“My hon. Friend does not appear to accept the point that has been made repeatedly today that the territories may well allow access to law and order agencies, within an hour in the case of terrorism, through closed registers, but that does not allow civil society—charities, NGOs and the media—to expose them to the sort of scrutiny that the Paradise and Panama papers did. They allowed us to join up the dots. That is why I emphatically disagree with him on this point about closed registers. They work for law and order agencies, but they do not work to stop the dreadful money laundering.”
“It is clear that there is almost unanimous support in the House for my right hon. Friend’s proportionate and right response to this crisis. In particular, she is absolutely right to use the mechanisms of the United Nations to make it clear to everyone what has happened in this case. Will she also bear in mind that Russia has, either indirectly or directly, authorised and used chemical weapons in Syria? I thank her for what she has said about the Magnitsky amendment, which many of us across the House have been working on for some time. I hope that she will consider implementing it in full, as has happened in America and in Canada.”
“The whole country will welcome the precise and clear statement that the Prime Minister has delivered to the House this afternoon. In particular, she has set out precisely what she will do in terms of laying out the evidence for the international community and the United Nations about the act that has been perpetrated on British soil. May I also welcome the comments she made about the so-called Magnitsky amendment? Many of us on both sides of the House of Commons believe that this could make a big contribution, and I hope that she will continue to consider following America, Canada and three European countries in introducing such an amendment.”
“I just want to be clear: the right hon. Gentleman refers, quite rightly, to the fact that the west midlands is a hotspot for some of the specialist terror policing, but will he also acknowledge that the Government have, quite separately, given significant increases of funds for that very purpose?”
“She said: “I understand that the service could move to another area or to another building but it would not be the same, it would not be the bespoke service that we have now. It would not give us confidence as residents”. The other councillors who spoke made the same point. There is a strong feeling that a party political point is being made here in identifying Solihull and Sutton Coldfield as the two key targets that lose their major police facility. Councillor David Allan said, “It’s a political attack on the Tory heartlands.” I am concerned at the lack of consultation and very specifically at the way in which it appears that Conservative areas are being targeted. No one doubts that this is a tough settlement, but I will ask the Minister three very brief questions.”
“It said: “This Council is extremely concerned that the West Midlands Police Crime Commissioner (PCC) is proposing to close Sutton Coldfield Police Station…The Council notes that the PCC has made a number of budgetary decisions, such as investing heavily in buildings elsewhere and cutting front line policemen, that materially disadvantage our Town no longer meeting the needs of our community and demands in the strongest terms that the closure decision is reversed immediately.” It went on to say: “The Council further registers its disappointment that there has been zero engagement by the PCC with the residents or their elected representatives.” It is that lack of engagement that I wish to bring to the Minister’s attention. In her opening speech, Janet Cairns made a truly excellent point.”
“Indeed, I learned about the proposition of closing the royal town’s police station through a leak from a Labour councillor, which then appeared in the local press. That is not the proper way to consult. There is a consultation going on now in the royal town, through the town council, and this is the motion that was passed very strongly last week.”
“I think of GKN, of homelessness and our common purpose—I say this particularly to the Police Minister—in trying to ensure proper funding for the families of those who suffered so grievously and have not yet got closure following the terrible bombings in Birmingham, many years ago. We do co-operate, but today there is a raw party political difference between us, which was set out clearly by my parliamentary neighbour, the hon. Member for Birmingham, Erdington (Jack Dromey). I agree with quite a lot of what the right hon. Member for Birmingham, Hodge Hill said about the nature of policing. My principal complaint, however, and the reason why I am pleased to support the case put by my hon. Friend the Member for Solihull, is that does not appear to have been any proper consultation.”
“It is a pleasure to follow my parliamentary neighbour, the right hon. Member for Birmingham, Hodge Hill (Liam Byrne), and to congratulate my other parliamentary neighbour, my hon. Friend the Member for Solihull (Julian Knight). I will add a few points to those that have already been made. Of course it is common across the Chamber that we support and praise the excellent work that the local police do. I pay particular tribute to Jane Bailey, who is responsible for policing in the royal town of Sutton Coldfield and is the latest in an excellent line of chiefs of police. This is also a community of Members of Parliament who, on the whole, work quite well together on common themes.”
“Thirdly, and finally, will he confirm that there is scope for greater efficiency, and that the report by Her Majesty’s inspectorate of constabulary and fire and rescue services on the efficiency of West Midlands police downgraded the force’s overall efficiency level rating? As I understand it, the professional opinion is that West Midlands police was not as efficient in its use of taxpayers’ money as it should be—”
“I apologise to the hon. Gentleman. I have three questions for the Police Minister. First of all, will he confirm that, although we can do almost anything with statistics, funding this year over last year is up by £9.5 million, so those who referred to this year’s “cuts” are either innumerate or deliberately deceiving our constituents? Secondly, will he confirm that the West Midlands police has reserves of £121.1 million, or 20.2% of overall funding—the average figure across England and Wales is 15.1%—and there has been an increase of just under £27 million in those reserves since 2011?”
“The point about the reserves is incredibly important. It was made eloquently by the experienced Conservative town councillor in Sutton Coldfield, Councillor Ewan Mackey. The people of Sutton Coldfield demand an answer to the question—one of the three that I posed to the Minister—about why the reserves have had to be increased so much.”
“It is clear that my right hon. Friend has handled these shattering circumstances extremely well and correctly. Can she confirm that none of the trustees or senior management at Oxfam at the time of those dreadful events is still in post today? Will she join me in thanking the overwhelming majority of wonderful people of deep integrity who work in the development sector, often at some considerable risk to themselves, for the remarkable work they do in very difficult places, which reflects so well on Britain and our international development efforts?”
“In my judgment, we should not allow the Government to declare victory over human rights violators with the passage of a law that never gets implemented. I believe that such an amendment may well attract support from all right hon. and hon. Members on both sides of the House. I submit that, if passed, it would bring this aspect of UK law up to international standards.”
“For example, it does not address the issue of visas, and it places a huge burden on the Government in going to court to obtain an order to freeze assets, rather than giving my right hon. Friend the Home Secretary the power to do so by decree. The Magnitsky amendment to this Bill—I very much hope it will be considered in Committee or, if not, on Report—would bring our legislation into conformity with Magnitsky Acts around the world. Any amendment would define precisely the types of human rights violators to be sanctioned, and most importantly, it would follow an example set by the United States and other countries by placing a requirement on the Government to report annually to Parliament on how effectively the sanctions regime is being used.”
“The State Department recently published its Magnitsky list, which includes the son of Russia’s general prosecutor, a general from Myanmar implicated in ethnic cleansing, the ex-dictator of Gambia, a shady international fraudster from Israel and a retired Pakistani colonel suspected of organ trafficking. Alarmingly, every single person on that list is able to travel to the United Kingdom. Last year, Parliament took an important step to combat this impunity by passing the Magnitsky amendment to the Criminal Finances Bill, under which human rights violators can now have their assets frozen by the Government. Unfortunately, the law is narrowly defined and does not match the standard of other Magnitsky laws around the world.”
“In spite of our self-image as a country that lives by the rule of law, the reality is that officials from autocracies around the world who are guilty of appalling crimes come to London to live safely and comfortably without much interference from us. There is now a mechanism to prevent this, which is used by the United States and other countries, called the Magnitsky Act. It is named after the Russian whistleblower Sergei Magnitsky, the appalling treatment of whom was described by the hon. Lady. The Magnitsky Act freezes the assets and bans the visas of human rights violators from around the world.”
“I hope the Minister for Europe and the Americas—as I have said, he has a very strong understanding of these matters from his time as an International Development Minister—will say a word or two about that tonight. My second point is also about an area in which the Bill can be improved. This was mentioned by the hon. Member for Bishop Auckland (Helen Goodman), who led for the Opposition. It builds on the important comments made recently by David Cameron, the former Prime Minister, about the Magnitsky rules and the Magnitsky amendment, and I hope that the Bill is susceptible to improvement in that respect.”
“The Bill has the capacity to empower leading UK and experienced international charities to carry out our international obligations under such conventions yet more effectively. Building on that, we want to see a general licensing system for financial transactions for the provision of goods and services, which are essential to the delivery of critical aid, for individuals and entities that may be located in areas covered by sanctions. My first point is that, while accepting that the Government have international obligations in respect of sanctions regimes that inevitably have an impact on the Government’s ability to deliver those commitments in full and on all occasions, the Bill nevertheless has the power to improve this area greatly.”
“It will help to reduce bank de-risking—I have heard of NGOs not being able to maintain access to their bank accounts or to transfer funds because of the regulations—when banks fear that they may breach sanctions by providing banking services. I hope the Bill will reduce banks’ concerns, assist transport and logistics companies in their work, help NGOs to access formal banking channels, and reduce or eliminate possibilities for remittancing, which, as Members on both sides of the House will know, involves a far bigger transfer of funds to the poor world than international aid. The Geneva convention states that humanitarian aid be provided to those most in need, without discrimination.”
“I pay tribute to the remarkable work that is being done by British NGOs in some very difficult parts of the world; I am thinking, for instance, of Syria and Yemen. Clare Short, the distinguished former International Development Secretary—she set up DFID—and I gave evidence to the Select Committee on the difficulties that can arise for the agencies on occasion. They can fall foul of terrorism measures, which adversely affect their life-saving work. There are difficulties in working in lawless areas, which inevitably involves negotiating with some extremely bad people. Under the regime that the Foreign Secretary is ushering in, the Bill will bring much greater clarity for donors who deliver via NGOs and for banks worried that they may fall foul of the regulations.”
“I draw the House’s attention to my entry in the Register of Members’ Financial Interests. I want to start by making it clear that I think this is a very good Bill. It is clearly the right approach to take in these circumstances and a good administrative measure. It delivers sensible and orderly governance and addresses quite rightly the post-Brexit situation and the new framework for implementing sanctions. My purpose in this debate is to suggest two ways in which the Bill can be improved further. First, I draw the Foreign Secretary’s attention to an area of the Bill that the Minister for Europe and the Americas understands extremely well. Sanctions regimes inevitably affect the peace-building work that humanitarian agencies do in some fragile and difficult places, and in particular key NGOs operating in sanctioned countries.”
“I urge those on the Treasury Bench to look very seriously at whether they can accommodate the House of Commons on this point.”
“As the World Bank has made clear, the money stolen from the people of Africa through unpaid taxes or concealment dwarfs all the foreign direct investment and international development money that flows into Africa each year. Much of that money ends up salted away in the tax havens I have described. We owe it to the poor of Africa, as well as to our own taxpayers, to take the action we can to bring about an end to this scandal. I urge the Government, on this fourth occasion, to look very seriously at the amendment that will undoubtedly be tabled by the right hon. Member for Barking (Dame Margaret Hodge) on Report, if not before. Four times we have been around this track. There is significant support on both sides of the House for that amendment.”
“Helping the poorest in often far-flung places is written deep into this country’s DNA. It is who we are as a Parliament. The appalling but temporary crisis afflicting Oxfam will not change that. We have an obligation, not least to our own taxpayers, to champion transparency and openness, and to have zero tolerance towards corruption. The highly respected Africa Progress Panel has shown that in the Democratic Republic of the Congo more than £1.5 billion of stolen funds and taxes have disappeared. These are funds stolen from some of the poorest people on the planet, who by contrast live in one of the richest mineral and resource-endowed countries in the world.”
“Registers must be open—to civil society, the media, journalists, non-governmental organisations—if all the relevant dots are to be joined up, as the release of the Paradise papers so clearly shows. With the best will in the world, the regulatory authorities are not in that business, and narrow questions from regulatory authorities simply do not suffice. Finally, I come to the point made movingly by the Foreign Secretary that many, although not all, overseas territories suffered an existential calamity from the recent hurricanes. The whole House will share his concern. I am sure the whole House can assist by agreeing, in any amendment, a longer but definitive period of time in which this reform in the overseas territories should take place. Around the world, the UK is looked to and respected for its leadership on international development.”
“Indeed, havens that embrace such transparency will secure a business advantage precisely because their legitimate business will no longer be tainted by fears of the reverse. There is an understanding of this point in at least some of the overseas territories, which, if I may put it this way, camp on the prayer of St Augustine: “O Lord, make me chaste, but not yet.” The second argument, which we must address head-on, is that the overseas territories’ private registers are already available to lawmakers and regulators such as the Inland Revenue. The territories proudly say that they can turn around inquiries from HMRC within hours. This is commendable, but it completely misses the point. That fact is underlined by the recent release of information by journalists, which the hon. Member for Bishop Auckland mentioned.”
“Let us be clear on the constitutional position, which the Government set out in 2012: “As a matter of constitutional law the UK Parliament has unlimited power to legislate for the Territories.” The overseas territories themselves recognise that they gain hugely from their relationship with the United Kingdom. The overseas territories have been resistant to this argument for three reasons. The first—let us call it the Dutch Antilles argument—is that if they have open registers, all the hot money will head off to other less law-abiding jurisdictions. Leaving aside the issue of whether any decent person should wish to handle hot money obtained through corruption or worse, the fact is that the international consensus is to bear down on such havens, and their footprint is narrowing.”
“The UK has introduced publicly accessible registers of people with significant control, abolished bearer or anonymous shares and introduced unexplained wealth orders, while the anti-bribery law was finally introduced by the coalition Government. Britain has a proud record of world leadership on this under a Conservative-led Government. This is the fourth occasion on which I, along with my right hon. and hon. Friends—under the able, cross-party leadership of the right hon. Member for Barking (Dame Margaret Hodge)—have tried to coax the Government into visiting on the overseas territories the same level of openness and transparency as we have in this country.”