Sir Iain Duncan Smith
MP for Chingford and Woodford Green · Conservative · United Kingdom
“I raise the cases of Ryan Cornelius and Jimmy Lai—both United Kingdom citizens—to the attention of the Foreign Secretary, who I welcome to his position. Ryan Cornelius has been incarcerated for 19 years—trumped-up charges by a corrupt regime that is supporting a war in Sudan at the moment.”
“Has the Secretary of State been made aware of the case of Joshua Wong, a Hong Kong resident who is being prosecuted by the Administration in Hong Kong using the national security law?”
“A particular memory is that during the Maastricht debates, when, I have to confess, I and one or two others here were deeply rebellious, Ann lectured me from the Dispatch Box—she was in government—about how I should support the Maastricht treaty and the European Union, which rather worried me.”
“It was phenomenal, because she was so certain about the way that she was. Ann embodied something else: the passion that is necessary for us in this Chamber to make our arguments without the fear of any other person doing something to us.”
“We need to reiterate, and the Government and the Home Secretary need to specify, to all the social media companies that they must do something to close down the visceral, violent language that some people use in attacking others personally, as they did over Ann’s murder, which shocked me.”
“Friday was a funny day. I heard the news very early in the morning that Ann had died, and I was utterly surprised about that because she had seemed perfectly fit the last time I saw her, so I gave my condolences and spoke about it on the radio.”
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“In the minds of those in the Home Office, I think there is a genuine dislike of that legislation and a wish to blame it for excesses, but there is no evidence of that. Only 6% of those who claim to be victims of modern slavery have come across on boats. First and foremost, there is not a huge, great swell. Secondly, the Nationality and Borders Act that preceded this Bill has tightened up on all the elements that claimants have to provide to show that that is the case. The rules are already tighter, and I suspect that will lead to fewer cases already. The question is, what is the point of putting these elements into the Bill, because they are in the previous Act, and we have still not seen the effects?”
“Support needs to come first to create that stability, otherwise they will not feel safe. If we put ourselves in their situation, we would not give evidence either if we thought that the next stage would be to go out of the country, where the traffickers would catch us and our families and others being abused. So it will get harder to get convictions. I am pleased my right hon. Friend the Minister accepted there may be consequences, although we need to go further than “may”. There will be consequences as a result of the legislation. I do not believe that the Government want victims of modern slavery to be trafficked. I do not think they want the Modern Slavery Act 2015 to be damaged.”
“We should not lose sight of that. If the inadvertent result of these changes to the Bill and the Bill itself is that victims are fearful of coming forward to give evidence, partly because the presumption is that they will leave the country, and partly because they do not have enough time to feel settled and protected to be able to give evidence—I think the police know this and my right hon. Friend the Member for Maidenhead has quoted from a police statement—it will reduce the number of prosecutions, damage our case and act as an opponent, as it were, of the idea of sending a message to traffickers that their game is up. All the evidence shows that, with appropriate consistent support, more victims engage with investigations and prosecutions, providing the vital information that brings criminals to justice.”
“It is a concern because we have clashing amendments. We know that. The point of this debate is to rectify that. We do not have a lot of time, so the right hon. Member will forgive me if I tentatively nod in his direction but at the same time pursue my own purposes. I will try to keep my remarks narrow. I do not want to go wide because other people wish to speak. Amendment 4 is needed because victims of modern slavery experience inhumane torture and abuse. They are deprived of their liberty and their dignity. They are exploited and abused on British soil. Whether a UK citizen or a foreign national, they deserve care to recover and we cannot leave them subject to that exploitation. The point I keep coming back to is that victims in this category hold the key to the prosecution of the very traffickers we are after.”
“My right hon. Friend is making a good speech. The reality is that amendment 95 poses a threat. Straightaway, its assumption is that someone goes, rather than that they have to prove anything; they go first and then somebody has to prove that they have to be here. What are they going to do when they look at that? They are going to say, “We’re off, so why would we give evidence?””
“May I bring my right hon. Friend back to the real issue? Investigations into individual transgressions are absolutely fine, and they progress. The problem is that we in this House and the Government have known for a considerable time—it has been raised by many of my colleagues—about the activity of the three illegal Chinese police stations. We know that they are bringing Chinese dissidents in, confronting them with videos of their families, and threatening their families in front of them if they do not co-operate, leave and go back to China. We know that. The security services have warned the Government about it. The question today is this: why in heaven’s name have we not acted, alongside the Americans and even the Dutch, to shut those stations down and kick those people out of the country?”
“I am grateful to my right hon. Friend for giving way. She is describing the journey that we need to go on. We should explain to the Government that the whole issue about modern slavery is that when people feel secure, they give evidence to the police, and the police then get after the traffickers. One of the big problems here is that, because 60% of the cases are within the UK, people may suddenly feel that they are about to get kicked out and then they will stop giving evidence.”
“I bring that to the attention of the Government: there is no real evidence of it at the moment. I understand that the Government think we need to protect ourselves against that potential, but we need to see the evidence that that trend is being broken.”
“The modern slavery clauses should not commence until an assessment has been published of the impact of the clauses disapplying modern slavery protections on the identification of victims, including their willingness to come forward, and on the prevention, detection, investigation and prosecution of slavery and human trafficking offences. This is important because, at the end of it all, we need to know whether there is evidence. I understand the Government’s fear that this will somehow be used as an alternative vehicle to escape a claim and to avoid being sent back, but we do not see any evidence of that. Only 6% to 7% of those who have come over on the boats have made a modern day slavery claim. That is a tiny number. They will know by now that they can do that, but the reality is that it has not happened.”
“The Government should therefore specify in the Bill that the modern slavery clauses—clauses 21 to 28—would be commenced only when a specific threshold of the false modern slavery claims and an increase in those claims is reached, demonstrated by evidence. I think that is fair. Alongside the false claims that would trigger the modern slavery clauses, the Government could commit to publishing evidence on the current level of false modern slavery claims and any increase or decrease in that level. Section 63 of the only recently passed Nationality and Borders Act 2022 would enable the collection of that data on bad faith claims since 30 January 2023.”
“I understand what the Government are trying to do, but I want to protect some of the modern slavery bits. My first point relates to commencing the modern slavery clauses only after publishing an assessment of the problems and impacts. I understand that the Opposition have put down various tools to do this in their new clauses. The Government have argued that the Bill is needed to address illegal migration and that the modern slavery clauses are needed to address and prevent abuse of the modern slavery support system by false claims from people seeking to bypass removal. So the modern slavery clauses in the Bill should be targeted at the problem of false claims with a clear assessment made of the level of false claims and the impact on wider modern slavery policy.”
“The Centre for Social Justice brought forward an important paper on this, and my right hon. Friend the Member for Maidenhead, when she was Home Secretary, picked that up and turned it into legislation. We were the first country in the world to bring such legislation through, and although it may now be a little unfashionable to say it, I am very proud of that. I think that what we did is worth celebrating and protecting, and if there are faults in it, we need to correct them. There is a problem in the Bill, and I know that the Minister for Immigration, my right hon. Friend the Member for Newark (Robert Jenrick), has been very accommodating and talked at length about this, and I thank him for that. I will make a few comments now about the problem and how we could possibly help, because we want to help to rectify this.”
“I am grateful for being called as early as this and I will try to be brief. I want to focus specifically on what my right hon. Friend the Member for Maidenhead (Mrs May) has talked about, which is the modern slavery elements of the Bill, and keep to a reasonable amount of time. I want to draw attention to the reality of what we sometimes seem to get mixed up. There is a fundamental difference between people who are trafficked and people who pay traffickers to come here for reasons that are economic or whatever—I do not want to dwell on that; the important thing is that we mix these terms up. There is a clear definition of being trafficked. It involves people who do not want to be here and who are brought here against their will and are then used for various services that they should not be used for. They are slaves.”
“Clearly the faster the claims can be assessed, the better it is for everybody, as they can be discovered either to be illegal or to be genuine victims. That is the key thing. Clear evidence of abuse of the system needs to be published, because it is important that the figures are there to be understood. A very small number are actually claiming it, and the 73% that we were told about on Second Reading in fact refers to those who are detained for removal after arrival. That amounted to 294 people. We need to get the figures in context, then we can understand what the problem is and how we deal with it. If the evidence shows that there is an increase, we will then be able to use parts of the Bill.”
“Friend the Minister for Immigration to accommodate these concerns about modern slavery and to make sure that we do something in the Bill to protect these people in the long run.”
“We should amend clause 21 to exempt victims exploited in the UK, and the new threshold for a positive reasonable grounds decision requiring objective evidence would prevent spurious claims. The whole point of this is to find a way. I think we can agree on this. The work the UK has done on modern slavery, the evidence and all the rest of it, is now helping to prosecute the traffickers. If we lose that delicate flower of success, we will find ourselves in a worse position, with many more people being deliberately trafficked because we have become a soft touch on trafficking. I fully understand why the Government are trying to deter the illegal use of these boats to cross the channel, both for people’s safety and because it puts huge, unnecessary pressure on services here, but I beg my right hon.”
“The Bill suggests that the Secretary of State will be able to assess whether they have given evidence to the police, but this a longish process. This accounts for more than 60% of cases, and I really wish that the Government would think carefully about protecting them. I think the police will back us on this, because they want those people to give evidence. The irony is that the more we help those people and the more they give evidence, the more traffickers we will catch and close down, which will probably result in fewer people coming across the channel on boats. This is all part of a circle of trust, identification and final prosecution, and it is really important.”
“I am flattered by the idea of my good offices with the Government, and I will take that at face value—thank you very much indeed. I will speak to the Government about that, and I accept that we need to get that replacement made very quickly. The most important point is that we need to think about exempting any victims exploited in the UK from the disapplication of modern slavery protections. There is a very good reason why that is the case. As my right hon. Friend the Member for Maidenhead laid out clearly, if we do not do that, those who are affected will simply dismiss any idea of coming forward to give evidence, because they will fear that they will not be accepted and that they will therefore have to go. Many of them will not yet have given evidence to the police.”
“Can I gently suggest to my right hon. Friend that the whole purpose of raising this issue was not to bandy the figures? There is a real disregard for some of the real figures here. He is quite right to say that the Government are concerned that there will be an exponential rise, as an alternative to coming across illegally. We should bear in mind that these people are trafficked; that is the key difference. All we are asking the Government to do is to look carefully at this and not take the power until they can see and show the evidence. After all, we have yet to see the impact of the Nationality and Borders Act 2022. All I am asking of him, gently, is please just to accept that the Government will think about that before the Bill comes back on Report.”
“I understand. I was about to explain and apologise, Sir Edward, for not having got here earlier: a Minister waylaid me. On Hong Kong, the Americans have now sanctioned about 10 people in the Hong Kong Administration for their behaviour over the new security laws. The UK, which once used to be responsible for Hong Kong and is a signatory to the Sino-British agreement, has sanctioned absolutely nobody. Does the hon. Gentleman think that is a balanced position to take on Hong Kong?”
“I apologise to the hon. Gentleman for intervening on him again. However, I just want to make the point that I have met Jimmy Lai’s family, and the one thing they asked for is that the British Government give full public recognition to the fact that he is a British citizen and a British passport holder. The British Government have said that they will not do that because it might exacerbate problems, but honestly Jimmy Lai knows and expects that after the next court case this year he is likely to be imprisoned for a very long time—maybe for the rest of his life. He wants the world to know that he is a British passport holder and British citizen; he is proud of that and wants representation.”
“Does my hon. Friend recall that about a year and a half ago on the border of Tibet and India, Chinese troops aggressively tried to push the border back again, and a number of Indian soldiers were killed in that process? They have never once issued any kind of apology, and they continue to see the border as a moveable point to where they want it to be. There’s no diplomacy there.”
“I apologise for intervening on my hon. Friend again, but there is a further extension of that. I pointed out to the Government the other day—to no less a person than the Prime Minister—that, about a year and a half ago, the United States officially warned all their companies that they can no longer rely on the application of common law in Hong Kong as a protection of their business interests. The UK Government have yet to do anything of the sort. It is, of course, some Commonwealth and UK judges who still continue the farrago of saying that they somehow protect those interests.”
“Companies that import from China can have no excuse for not doing that, because companies such as Oritain can track all the genetic fingerprints. They can tell exactly where a product was grown or manufactured, and what happened to it. There is no excuse at all. The Government should get on with doing this.”
“I want to take the Minister back, because I thought he was going to be a bit more explicit about the BNO passport and the situation of Jimmy Lai. May I just elide the two, because they are relevant, and press my hon. Friend to be a little clearer? There are BNO passport holders who have fled over here, to the UK, who are now deeply worried about their status. They think of Jimmy Lai and see that the British Government seem quite incapable at this stage of making it publicly and absolutely clear that he is a passport holder and citizen and of publicly demanding access rights to that man, who is incarcerated. If they will not do that for a British passport holder, what do the BNO passport holders feel about their status? Does the Minister realise that that will be very damaging?”
“However, I urge the Government to do the final bit, which is to bring in the other group who are still receiving employment and support allowance and not yet receiving universal credit, so that the interventions can help them and we can have a progressive, positive way of helping people with sickness or disability to fulfil their potential and lead productive lives, because work is a health treatment.”
“I welcome the announcement in the Budget. As my hon. Friend will recall, I wanted to introduce the universal support package alongside universal credit. Its purpose was to intervene and help to change people’s lives, which was what was missing for all those years and needs to be there now. It was intended to replace what has been a very difficult benefit, originally introduced by Labour along with the work capability assessment. Throughout that time, I wanted to see universal credit together with universal support to help people get over their difficulties. According to a recent survey on sickness benefit, 700,000 people want to find work, but the limits to what they can do seem so difficult that they fear losing their benefit. This measure, hopefully, should change that.”
“I have never known it so difficult to drag any information out of Government as the sites at which they are using these cameras. They should now be removed from every single site that is a Government base, and the reality is that they are dragging their feet. Could he turn to that as well?”
“I say to my right hon. Friend—not to be churlish—so far, so good. Most of our allies have already done this, but I simply make the point to him that he cannot stop there. The reality is that, even though Government phones will have this taken out of them—this TikTok leak element—the key thing is that private telephones remain on Ministers’ desks and are used for communications. I honestly do not believe, whatever the complaints are, that in reality those private phones will never be used for Government business. They will be, they are, and there is no way of stopping that to some degree. Can he not now say that any Government Minister or senior official who has TikTok on their private phone should remove it, because that gets rid of the risk? I have an amendment down concerning Hikvision cameras.”
“I beg to move, That this House calls on the Government to lay before Parliament proposals for the seizure of Russian state assets with the purpose of using such assets to provide support for Ukraine, including the rectifying and rebuilding of war damage brought about by the Russian invasion of that country, and to facilitate the prosecution of war crimes and atrocities; and further calls on the Government to provide progress reports on this policy to the House every six months.”
“I believe that we are being visited today by three Ukrainian MPs: Mr Dmytro Natalukha, whom I met in Kyiv, Ms Maria Mezentseva, and Ms Olena Khomenko. I think they are somewhere in the Public Gallery, although I have not managed to see them yet.”
“Seeing all that devastation made me all the more certain that we must press on and do more to bring these criminals to justice, and make full reparation for the damage and destruction and loss of life that they have caused. I congratulate my own Government and, indeed, the whole House on coming together to do huge things in Ukraine with their support through arms and weapons and training, and I congratulate ordinary individuals outside the House on their generous contributions of money. The fact that we are united demonstrates a very strong sense of purpose to the rest of the world. However, there is more that we must do; we cannot sit back and say that we have done our bit. This is a progressive war and we will be tugged along with it, so it is time that we thought of getting ahead of some of these problems.”
“It feeds some 4,000 people a day on hot pizza, which they would never get normally and which bucks up their lives. However, most of them live in shelters and in terrible conditions. All around we saw the devastation inflicted on the villages. Many mines had been scattered, leaving us unable to get off the paths, and in the villages lay dead bodies which, even by then, had not been collected because of the mines. These were people who had brought no harm to anyone—and, by the way, many of them were Russian speakers, which goes to show exactly how ghastly President Putin and his Administration really are. They have caused all these difficulties through the murderous nature of this terrible war brought on the heads of ordinary, normal Ukrainians; that is the state we are in.”
“Before my hon. Friend disappears from the Chamber, may I say that this is a very timely debate? So much of it is connected to the last debate, which I congratulate him on securing, because it feeds into this one: it is all about what has happened to people. Just before Christmas, I was privileged to visit Ukraine along with the hon. Member for Bradford South (Judith Cummins). It was an eye-opening trip and it was hugely relevant to today’s debate. It shed for me a more personal light on the desperate nature of what was happening to the Ukrainian people, which I was able to witness for myself. We were fortunate enough to go there under the auspices of Siobhan’s Trust, a charity based in Scotland and founded by a man called David Fox-Pitt. That allowed us to be close to the frontline, where the charity does its work.”
“I do agree with the right hon. Lady. We have a lot of Russian assets that are currently frozen, while Ukraine is screaming out for money and support to help all those devastated areas. We can bring the two together, and that is what today’s debate is all about.”
“I entirely agree. I was going to raise that point at the end of my speech, but never mind: this is a shared debate. I fully back that proposal, which is one of the recommendations that we have to make so that the Government can jump ahead of this. Too often we have been slow and, in the six months that have elapsed, in some of those cases, people have shifted their money around into all sorts of areas. One particular individual—I was going to name him, but I will not do so now—has managed to buy flats through a Cyprus company. His name is not registered, but they own it and the money is lodged there. This sort of stuff is going on and we need to shut it down.”
“When I was there, I saw many people who had had to move to Lviv internally because their homes were no longer habitable, and they were living in terrible conditions.”
“My right hon. Friend is jumping ahead of me, so I will allow that point to stand for a minute. I pay tribute to the hon. Member for Rhondda (Sir Chris Bryant), whose ten-minute rule Bill was on exactly this subject. There was a lot of logic and sense in that Bill, and we should use it as a baseline for quite a lot of the stuff that needs to happen. As he pointed out when he made his speech on the Bill, in the last year, the United Nations High Commissioner for Human Rights recorded 18,358 civilian casualties. He went on to say that 7,031 people had been killed, that 11,327 had been injured, including 177 girls and 221 young boys, that some 12 million people had left Ukraine and 7 million had been displaced internally.”
“The Office of Financial Sanctions Implementation has reported that £18 billion of assets owned by individuals and entities associated with the regime have been frozen since the beginning of the war, but some estimates suggest that more than £40 billion could yet be frozen and this is the point we want to get to.”
“I want to make a bit of progress, just in case my right hon. Friend is about to tell me what I have got here in my speech. Forgive me if I just get ahead of it, because everyone else will probably do the same. Let us have look at the costs of the war, which are really what this is all about. Ukraine’s death toll is 60,000 and it is rising every day. The cost of reconstruction is now estimated to be between $750 billion and $1 trillion and rising, and these might be conservative estimates because the damage is still not fully accounted for. Since the beginning of the invasion, the UK has provided £2.3 billion in military assistance and another £220 million in humanitarian aid. The UK has frozen billions of pounds in Russian assets under sanctions following the invasion of Ukraine.”
“The combined value of frozen UK properties belonging to Russian oligarchs is at least £2 billion. Funds frozen under the UK sanctions regime are passive, and that is the problem. Those funds would enable us to finance the rebuilding of Ukraine and to show Russian dirty money the door. This is the key: we send the message and we help with reparations. Several countries, including Canada, as I said earlier, and the EU are already on to this process and I urge our Government to help to give a lead on this.”
“I absolutely agree with the hon. Lady. I want to talk about what Russian state assets are frozen and what could be frozen. It is important to note that, in Congress right now, they are already discussing this—I spoke to someone there just 24 hours ago—and in Canada, they are seriously talking about it. European Parliaments are also discussing the matter. This is a moment for us to give a lead on this and help to shape the nature of it, as we have a conference coming up shortly and I wonder whether that might be the place to lead on this matter. According to the Bank of Russia’s own 2021 annual report, £26 billion of Russian state reserves are in the United Kingdom and, on a wider level, western Governments have now frozen some $350 billion of Russian central bank reserves in response to the invasion. There is yet more that they could do.”
“I agree with the right hon. Lady. If countries do this individually, it will allow terrible regimes to dodge their money around from one financial centre to another, as some will not have done it. This has to be done in one go by all the developed world’s major centres, otherwise it will end up with disputes and problems. I applaud Canada for starting, but we need the City of London, New York, Zurich and all the other major centres to be serious about making sure this cannot happen and these assets will always be seized. I can tell the Minister of State, Foreign, Commonwealth and Development Office, my right hon. Friend the Member for Berwick-upon-Tweed (Anne-Marie Trevelyan), that we understand the underlying problem, but my point is that the issues are not insuperable.”
“Yes, of course. It is a disgusting organisation led by a disgusting individual carrying out disgusting atrocities in Russia. It is also using slave labour in some of these mines. Of course the Wagner Group must be proscribed, as should the Islamic Revolutionary Guard Corps and other such organisations. We should be at the forefront of this, not lagging behind. The Government’s general belief is that seizing these central bank reserves would violate Russia’s sovereign immunity and would therefore be a breach of international law. If we think about it, Putin has redefined international crime and is now hiding behind international law. It is time for us to come together to make the modifications. That is the key.”
“It is wholly possible to make that difference, and to make it quite quickly. I say to my right hon. Friend the Minister that I hope she will give that serious consideration, as it is really important. As we know, sanctions evasion is already an offence. Embedding a new “disclosure or lose it” principle would go a long way to ensuring that sanctioned oligarchs are no longer able to conceal their dirty money here with impunity. That would help us to clean up what became a bad reputation for the City of London, whereby much of that ill-gotten money was hiding here, in one of the leading nations of the free world, and we did little or nothing to stop that.”
“Russia’s aggression and invasion are breaches of the most fundamental principles of international law and order. Russia is aware of this breach but has not stopped its conduct, and it continues to threaten international security and peace. That unprecedented conduct creates a need for all Governments in the west to amend their laws together to deter other states. These amendments should use specific and limited criteria to preserve sovereign immunity in all cases. It is possible to do both without hiding behind the idea that sovereign immunity is an absolute that cannot be breached. Putin has breached it, and in future that should be the rule. The Economic Crime and Corporate Transparency Bill could and should be strengthened to enable the seizure of undisclosed assets—that is the key. We already have a vehicle.”
“I would happily welcome that. It is a very good idea. Ultimately, the war Putin initiated on Ukraine must now be punished in a variety of ways. It is unwarranted aggression against another country, and it therefore changes how international law should be applied. We should readjust and redefine international law to the new reality that Putin’s invasion has brought about. The old order is now broken, and we need to redefine it to make sure that the lesson for any other oligarch, future leader or demagogue is that they can never again hide behind these rules. Although international law is always evolving, we need to recognise the exceptional nature of Russia’s aggression and conduct in Ukraine, as that is critical to what we do next.”
“Of course, I completely agree with the hon. Gentleman on that. Interestingly, if we manage to criminalise the failure to disclose sanctioned assets, we are halfway there on his point, because they cannot then escape. If we prove that sanctions evasion is taking place, this can be the basis for asset recovery in due course; we would then have a reason why we should be doing this, not just because of the criminal purpose, but for the fact that we would actually be able to gain funds.”
“I agree with the right hon. Gentleman; this is beginning to sound like one of those “golden visas”. It was golden in description, but dirty and leaden in reality, and I think this is where we are again. We are going to find us all in agreement—”
“I agree. These individuals, Abramovich and others, may want this to be done, but somebody has to do it for them, and my hon. Friend is absolutely right to follow the chain down, because we have to capture all the individuals down the chain, not just the one at the top. That is the key, because without those, this does not happen. He rightly says that, to avoid the sanctions, three weeks before the war began Abramovich was busy restructuring radically his assets. I believe that my hon. Friend is right to say that between £4 billion and £7 billion was squirreled away as a result, and we were not able to do anything about it. But we should have been ahead of the game on that one.”