NHS PPE Supply Chains: Forced Labour

Part of Scottish Affairs Committee – in Westminster Hall at 1:50 pm on 14 July 2022.

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Photo of Jim Shannon Jim Shannon Shadow DUP Spokesperson (Human Rights), Shadow DUP Spokesperson (Health) 1:50, 14 July 2022

I beg to move,

That this House
has considered forced labour and NHS PPE supply chains.

Thank you, Ms Rees, for the opportunity to lead this debate. I applied for it some time ago—long before the Health and Care Act 2022 was brought to the House—so I want to take the opportunity today to do a follow-up with the Minister. I know she is incredibly assiduous on this issue and is, like me, keen to ensure that the progress continues to be made.

I thank Fiona Bruce, who is a special envoy for international freedom of religion or belief, for co-sponsoring this debate. She told me earlier in the week that, unfortunately, she has another engagement: I understand she is a guest speaker at Chester cathedral. An apology has been sent to the Minister and the shadow Minister. I hope they have both received it, because it is disappointing that the hon. Lady cannot be here. She sends her best wishes, and I know that we would have been greatly encouraged by her presence and her contribution.

Without the hon. Lady’s tireless work on international freedom of religious belief, the world would be a much more unjust place. The international conference, which she was instrumental in bringing about, took place last week and the week before. I want to put on the record my thanks to the Minister and the Government, and also to the Prime Minister, who is still there, for his commitment to ensuring the conference took place. There were 1,000 delegates from all over the world—from probably more than 60 countries. It was a marvellous opportunity to highlight issues across the world.

I declare an interest: I am the chair of the all-party parliamentary groups for international freedom of religion or belief and for Pakistani minorities. Both issues are very close to my heart, as they are for the hon. Member for Congleton.

I thank everyone in Parliament who has faithfully championed the rights of the Uyghurs since we first learned of the horrific reports of what is happening in Xinjiang province and the atrocious scale of systematic persecution that they face. There is not one of us who is not pained in our hearts at what is taking place. We feel for those people who, like everyone else, were just trying to make a living. The Chinese Government—the Chinese Communist party—took it upon themselves to persecute them and force their religious beliefs out of their minds. I will speak about that as I work my way through my speech.

This debate is about forced labour and the NHS personal protective equipment supply chains, and it is no secret that the Uyghurs are the main group being horrifically exploited. The obscene violations of human rights that have occurred in China warrant endless debates—not just this debate, but many more. As a nation, as human beings and as beneficiaries of the many supply chains with ties to China, we must not rest while China continues its despicable practices across the world.

The House will be aware of the amendment to the Health and Care Act tabled by Sir Iain Duncan Smith, which obliged the Secretary of State for Health and Social Care to make provisions to ensure that the procurement of all goods and services for the NHS avoids modern slavery. I welcomed the amendment very much; I spoke about it in the Chamber and I welcomed the Government’s commitment. It is important that we do not forget why it was needed. The covid-19 pandemic was a national emergency and a time of special need—a time when the Government, the Prime Minister and the Ministers responsible had to respond urgently to the national and global emergency. There was suddenly an unprecedented need for the procurement of personal protective equipment and intense national pressure to provide it.

Reports show that shortcuts around standard procurement procedures were taken. I understand why. During that time, Her Majesty’s Government gave out PPE contracts worth £150 million to Chinese firms with links to forced labour abuses in Xinjiang. That included £122 million to Winner Medical, which uses cotton produced by forced labour, with links to the Xinjiang Production and Construction Corps, the state-backed paramilitary organisation—the very organisation responsible for running the region’s so-called re-education camps. I know the Minister understands why we feel angered and annoyed that such a thing should ever happen.

An additional £19 million was provided to China Meheco, and another £16.5 million to Sinopharm. Both companies have strong links to the Chinese Communist party’s Xinjiang labour transform programme, which relocates Uyghurs from Xinjiang as slave labourers across China. We do not see as much about that now, or perhaps there is not so much focus on it as there should be, but that is what is happening—people are being moved to other parts of China, so slave labour continues not just in Xinjiang but elsewhere.

I understand that there was a pressing need for PPE, but it is disgraceful that NHS staff had to use protective equipment made in the slave labour camps of Xinjiang, let alone that taxpayers’ money was used to purchase that equipment and therefore fund abhorrent abuse. It is even more disgraceful as the abuses were well-known during the pandemic. A report from the British Medical Association notes serious concerns about the role of Uyghur forced labour in the production of PPE. An investigation by The New York Times came to the same conclusion, as did multiple reports and briefings from the United Nations dating as far back as 2010.

This is not just something that happened in the last couple of years, during covid. It has been happening for several years. It was exacerbated during covid, and has been exacerbated even more so now. I am thankful that the Health and Care Act has made NHS procurement policy more consistent with the United Kingdom’s obligations to prevent and punish acts of genocide, and more in line with the Modern Slavery Act 2015. PPE is just the tip of the iceberg.

Since 2003, nearly 20 years ago, China has sought to eradicate Uyghur culture from China. It has been happening for more than 20 years and has been exacerbated in the last two to three years. For 20 years, a systematic approach to Uyghurs has led to mass forced labour, driven Uyghurs from their homes to abuse camps, forced detention of up to 2 million people and enacted arbitrary torture, as well as forced sterilisation, executions and even organ harvesting. There have also been reports of sexual abuse, murder and torture.

China widely denies the mass incarceration and forced labour and cites terrorism as the cause of security measures in the region. I think most of us can agree, however, that that is ridiculous and entirely insincere and untrue. There is overwhelming evidence that shows a systematic approach to destroying Uyghur culture, language, and faith.

Most recently the “Xinjiang Police Files”, released in May 2022, highlighted the internal view of China’s Communist party that Uyghur culture was incompatible with Chinese culture. Those documents include memos and speeches from President Xi Jinping and other senior leaders of the CCP, describing an active objective to rewire the thinking of the Uyghur Muslims. My goodness —to change the whole way in which people think. People have a right to express their religious view, and it is for that reason that I sought to secure this debate through the Backbench Business Committee—I thank it very much for giving me this opportunity. The Chinese Communist party’s objective was to be achieved through indoctrination and interrogation, transforming the Uyghurs into secular and loyal supporters of the party. The party takes away their right to think and believe, and make them something else.

Uyghurs and other minorities in China face intense monitoring and severe persecution, which have led to credible accusations of genocide and crimes against humanity. As China commits those crimes, it also seeks to profit from the detention of the Uyghur Muslims. As the arrests have increased, so has the economic output of the region. The Chinese Government have a group of people they detain and work long hours—to use terminology from back home, they work them to the bone. Goods produced by the forced labour of Uyghurs are not confined to PPE; they also include fashion, sugar, cosmetics and 40% of China’s coal, and organs are forcibly harvested for use in China’s organ tourism industry.

The Xinjiang region also produces 20% of global cotton production and 45% of the world supply of polysilicon—an essential material in solar panel construction. Today, it is deeply tied to global supply chains, from fashion to renewable energy, and that builds on the profits of ongoing crimes against humanity and, as this House has often claimed, genocide.

To put that in context, one in five items of clothing made with cotton has its origins in Xinjiang province. One in five suits, pairs of trousers and dresses is made with cotton hand-picked by Uyghurs detained in Xinjiang province. If we are to distance ourselves from the horrific abuse of Uyghurs, we must do more to distance ourselves from supply chains involving China.

I am always pleased to see the Minister in her place, because I know she has a deep interest in these issues, and that she will come back with the answers we are seeking. I look forward to what she and the shadow Minister will say. Perhaps the Minister will tell us what must be done next to address the issue of supply chains, which goes far beyond the NHS and into society.

Some have argued that legislation is already in place to prevent such goods from entering UK supply chains. It includes the Modern Slavery Act 2015, which encourages businesses to take action to eradicate modern slavery from their operations and supply chains. I believe that the Act is a nudge strategy; it does not have any teeth. It asks businesses with a turnover of more than £36 million to make statements describing the steps they are taking to address modern slavery. We need a lot more than statements; we need action.

The Act has been championed as providing measures that could help restrict imports from Xinjiang province. However, in February 2021, a review from the Business & Human Rights Resource Centre concluded that it had failed to eradicate modern slavery from UK supply chains. What is being done to ensure that words become action that makes a difference?

Companies can choose what to include in their statement. They can adopt a tick-box approach and provide only general information. They can also state that they have taken no steps at all to eradicate forced labour and still be compliant with the Act. It is not a verbal commitment that we need; it is action on the ground.

Despite that minimal approach, there has been persistent non-compliance by 40% of companies. We really need to turn the screws on them and ensure that they do more than give verbal commitments, and we also need to act upon the ones that do not. After six years of non-compliance, there has not been one injunction or penalty for any company that has failed to report, so it seems that the Act is toothless.

Clearly, more legislation or more pressure is needed to make the change. In the Queen’s Speech, Her Majesty’s Government outlined plans to increase companies’ and other organisations’ accountability for driving out modern slavery from their supply chains through a new modern slavery Bill. I hope that that Bill will strengthen existing legislation, but the Government need to lead by example. Will the Minister give us some idea of how the new legislation will make a difference?

If we are asking British companies and the NHS to take steps to ensure that procurement is free from modern slavery, we must lead and not be complacent with legislation that does not achieve what it sets out to do.

It is right to pay tribute to the many parliamentarians who have advocated and worked physically and emotionally in both Westminster Hall and the main Chamber for the Uyghurs in Xinjiang province. A great deal of parliamentary time has been given to the topic, and rightly so. I want to recognise that because I believe that the efforts of both Back and Front Benchers has made a difference. In the last few years, there have been no fewer than 16 debates and 446 written questions across both the House of Commons and the House of Lords. That gives an idea of the magnitude and significance of this issue and the strength of commitment and interest from Members. There have been multiple urgent questions on the matter, and Parliament has stated that it believes there is overwhelming evidence of genocide in Xinjiang province by the Chinese Communist party. The Foreign Affairs Committee has published two reports recommending that the Government

“accept Parliament’s view that Uyghurs and other ethnic minority groups in Xinjiang are suffering genocide and crimes against humanity, and take action to bring these crimes to an end.”

We know that Christians have suffered in China. They are persecuted, their churches are knocked down, and they are continually spied upon. Those of other faiths and ethnic groups, such as Falun Gong, are also subject to this incredible persecution by the Chinese Communist party. In short, there can be no doubt of the extent of support for more to be done to combat the practices of the Chinese Communist party.

It is worth noting that the efforts of this Parliament, our Government and our Ministers, as well as others in the international community, have borne fruit. Let us recognise some of the things that have happened and the good things that have been done. We often lament the dire situation in China and human rights violations more broadly, but we should take encouragement that not all efforts are in vain. Next week, at about this time, there will be a debate in the main Chamber on human rights across the world. I may have an opportunity to highlight this matter in a different way, along with many others.

China is changing its narrative on Xinjiang—at least outwardly. It has now acknowledged the existence of the re-education camps and claimed that students at those camps have graduated, focusing significant propaganda efforts to try to justify its policies. Those are only for the world and the media; the reality is very different. China is aware that there is growing awareness of its corruption, but further international action is essential. I am mindful that the Minister present is responsible for the NHS, not the Foreign, Commonwealth and Development Office. However, I ask her what discussions she has had with the FCDO on other steps that we can take outside her Department.

In January 2021, the Foreign, Commonwealth and Development Office announced its intention to introduce measures to ensure that

“British organisations…are not complicit in, nor profiting from, the human rights violations in Xinjiang.”

The then Foreign Secretary, Dominic Raab, stated that compliance with those measures will be mandatory for central Government and that:

“This package will help make sure that no British organisations, Government or private sector, deliberately or inadvertently, profit from or contribute to the human rights violations against the Uyghurs or other minorities in Xinjiang.”

It is now 550 days—more than a year and a half—since that announcement, and those measures have yet to be implemented in their totality. I therefore seek an assurance that that action will be taken and, if possible, a timescale for when that will happen.

The will of this Parliament is clear: action is needed, and action works. The Health and Care Act 2022 highlighted the scale of the problem of forced labour in the NHS, but that legislation impacts on just one Department. The import ban for the NHS is an encouraging step, but I am sure we all agree that no Government Department should procure goods produced by slave labour, whether that be in Xinjiang province in China, which is living off the backs of the Uyghurs, or in any other part of the world. No Government Department should allow China the opportunity to profit from the genocide, brutality and violence that it is carrying out against good, decent, ordinary people.

I am very proud of this country’s commitment to upholding human rights internationally. I am also proud to be a member of the United Kingdom of Great Britain and Northern Ireland and to be MP for Strangford. I am proud and happy to support our Minister and her Department. During the UK presidency of the G7, one focus area was addressing forced labour in global supply chains and making commitments to uphold human rights and international labour standards, but we are in danger of losing that reputation.

Since the Brexit referendum, human rights standards and obligations have been removed from negotiations and the texts of trade deals. That does not fall within the remit of the Minister’s Department, and I do not expect an answer from her—I cannot ask her to answer for Departments where she has no responsibility—but will she do me the kindness of asking that question of the correct Minister? It is important that we have an idea of what has been done to address that issue, because these standards are the norm around the world. Global Britain has much to offer the world, but that cannot be at the expense of Uyghurs in Xinjiang province or of other religious or belief minority groups around the world, whether they are in China or further afield.

Her Majesty’s Government have refused to accept Parliament’s view that it is highly likely that genocide is happening in Xinjiang province, despite reams of evidence from many people, including video evidence and personal evidence from within China. That evidence has been provided by the Uyghur tribunal, United Nations monitoring trips, the Xinjiang police files, the Foreign Affairs Committee and many more. It is time to change that and to follow the example of the United States of America in recognising what is happening to the Uyghurs and others in Xinjiang province as genocide. I wish we had done the same, and I hope it can still happen.

Just this week, the Uyghur Forced Labor Prevention Act came into force in the United States of America. The Act introduced a ban on imports from Xinjiang province following the overwhelming evidence of forced labour abuses. They had the evidence and we have access to that same evidence; we need to take the same action that they have taken. All companies have to prove they have taken due diligence of all possible steps to ensure their supply chain does not contain goods made through Uyghur forced labour.

The Act introduces penalties for companies, the ability to seize goods that originate in Xinjiang province and a testing requirement, which can include genetic testing of cotton and other goods to find out where they have come from. I hope that the Minister will ask other Departments to urgently endorse the strategy of the United States and do the same here. I am proud that the Act was drafted as a result of the G7 summit in Cornwall, in our own United Kingdom, which shows the influence we have. It is now time to follow the example of the United States. A similar ban on imports from Xinjiang province should apply not only to the NHS but to all Government Departments and further afield.

In drawing my remarks to an end, I want to highlight the next steps. First, we must ensure that the measures announced by the Foreign, Commonwealth and Development Office on 12 January 2022 are enacted swiftly. The Government have set down some policies and some ways forward, and I would like to see them happening, and happening soon. I also seek a timescale for those policies. We must ensure that these measures, existing legislation and the new modern slavery Bill are robust enough to address reports that Uyghurs are being moved out of Xinjiang province and into other parts of China. They are dispersing them throughout China and it is going to be hard to find out what is happening in other parts of China. It is wonderful how information seems to leak out. The Chinese Communist party is trying to hide the abuse across all parts of China. It is doing something absolutely despicable and dastardly.

Secondly, Her Majesty’s Government must lead by example. The Health and Care Act sets a precedent. Each Government Department should conduct an urgent review to ensure that its supply chains do not source products from Xinjiang or have links with companies that support detention camps in the region. No Government Department should allow China the opportunity to profit from a genocide that the rest of the world has recognised and that I believe we must recognise as well.

Thirdly, the Government should introduce a central list of goods and resources that have a high risk of being produced by slave labour in Xinjiang province and implement testing requirements for Government procurement contracts that involve items on that list. At a minimum, the list should include cotton and polysilicon.

Fourthly, we need to reintroduce basic human rights standards into the negotiations and the wording of post-Brexit trade deals. That is a norm in international trade deals and, if Britain is to maintain its leading role in championing democracy and human rights, as I hope it will, we cannot sever the link between trade and human rights. The central theme that came through the international conference held last week was the connection between freedom of religious belief and human rights. The two are closely linked, and cannot be severed. Nor can we sever the link between trade and human rights, especially as younger generations put greater emphasis on corporate responsibility. The parallels are evident and should be heeded. The conference made that point.

Finally, Her Majesty’s Government should revisit the outcome of the parliamentary debate that decided that it is highly likely that genocide is happening in Xinjiang province. I know that the Minister will respond by stating that it is the long-standing policy of the British Government not to make determinations in relation to genocide and that that is instead down to a competent court or tribunal. As such, I gently remind the Minister—although I am also trying to be persuasive—that the UK’s duty under the 1948 convention on the prevention and punishment of the crime of genocide is to prevent genocide, not just to punish the perpetrators after the event. What is being done to prevent the genocide that is most likely going to occur, if it is not already happening?

There was a debate in the main Chamber earlier on Srebrenica. That offers a reminder of the many places across the world where massacres and genocide have been carried out. We always hope that each one will be the last, but unfortunately that is not the case. I am very pleased that this great United Kingdom of Great Britain and Northern Ireland is a leading voice on the international stage, well known for its advancement of human rights, particularly that of freedom of religion or belief. Let us not damage that reputation by failing to act.

At last week’s international ministerial conference on freedom of religion or belief, a quotation from Dietrich Bonhoeffer was repeated, over and over again, in different seminars and fringe events. Many will know it:

“Silence in the face of evil is itself evil. God will not hold us guiltless. Not to speak is to speak. Not to act is to act.”

Those words are as relevant today as they were many years ago.

Parliament has spoken. Her Majesty’s Government must lead by example. Will the Minister address the need that all Government Departments—she can speak for her Department and the discussions she has had with others—should not procure any goods whatsoever made in Xinjiang? What steps will Her Majesty’s Government take to reach that goal? What discussions have taken place with other countries to do the same?

I look forward to hearing from Steven Bonnar. I think we are a tag team, as he is always here in Westminster Hall, as is the Labour party’s shadow Minister, Catherine West.

I am pleased to see the Minister in her place, and I look forward to her response. I also look forward to the remarks of others, because they, like me, believe that what happens in Xinjiang province is unacceptable and that we have role to play in that. I am very pleased to have had the opportunity to come along and make my comments.