The government was defeated in the House of Lords on Tuesday evening over rules to prevent deals with countries that commit genocide or human rights abuses.
Peers, including 40 Tory rebels, forced two amendments on the government’s trade bill that would tie the hands of ministers when negotiating new agreement.
One successful motion, proposed by Labour, requires the government to check whether parties to any proposed trade deals have committed crimes against humanity, among other safeguards.
But peers also backed a stronger motion from crossbencher Lord Alton that would leave the decision on whether a country had committed genocide to the High Court.
The defeat comes after Boris Johnson narrowly avoided a defeat in the Commons on a similar amendment, despite misgivings of senior Tories.
The bill is currently in a state of “ping pong” between the Lords and the Commons, during which is it being sent back and forth between the two houses of parliament.
Proposing the successful amendment, Lord Alton said: “This all-party amendment is a modest attempt to break the cycle of hatred and violence which would otherwise lead to more suffering by innocent human beings.”
Labour frontbencher Lord Collins of Highbury added: “We are in a new era where we have a responsibilities to start negotiating trade agreements outside the EU. We have to ensure that with that responsibility we take cognisance of all our responsibilities to human rights.”
Peers backed the crossbench amendment by 359 votes to 188, a majority 171, with 40 Conservative rebels. The Labour motion was supported by 16 Tory rebels and passed by 327 votes to 229, a majority 98.
Tory former minister Lord Blencathra said: “The evil of genocide must take precedence over free trade. This is a moral issue.
“We are the country which led the way on the abolition of slavery. We should now lead the way in making a very firm statement that we will not tolerate genocide nor seek to profit from it.
Britain’s International Trade Secretary Liz Truss reacts as she arrives in Downing Street in London on October 19, 2020. Ms Truss will request to join the CPTPP trade deal on Monday, 1 February, 2021.
(AFP via Getty Images)
“I do believe in free trade but there is no God given right for British consumers to buy T-shirts at £2 a piece if people have been murdered or forcibly sterilised in the production of them.”
The government has however warned that it could be problematic to give British courts the ability to declare whether a genocide has taken place.
Boris Johnson and his trade secretary Liz Truss have pushed hard for trade deals with other countries, claiming they are a benefit of Brexit and leaving the EU customs union.
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Responding for the Government, investment minister Lord Grimstone of Boscobel said: “This Government is committed to working with Parliament on this most heinous crime of genocide and to explore options with Parliament in this regard as it relates to trade.
“But we must proceed without amending the delicate balance in the constitution and the role of the courts, no matter how terrible these issues are, or we will run the risk of undermining the very aims of those seeking justice.
“The Government does understand the strength of feeling on this matter. It is complete common ground… that there must be enhanced scrutiny for Parliament on the issue of genocide and the Government’s response to what is the most serious of crimes.”
