Boris Johnson faces huge Tory revolt over China human rights row

Boris Johnson is facing a knife-edge vote today as dozens of his MPs back action against Beijing over human rights abuses.

The PM is braced for a major revolt as Tories join calls to let British courts decide if the communist state is committing genocide against its Uighur Muslim minority.

Up to 50 MPs including former Cabinet minister Sir Iain Duncan Smith are expected to either support or refuse to block an amendment to the Trade Bill that would force ministers to block deals with countries which the High Court had ruled were guilty of genocide.

Former foreign secretary Jeremy Hunt has indicated he will defy the three-line whip and abstain, suggesting there is a ‘powerful’ case for the measure. 

The change was introduced in the House of Lords, and the government must now overturn it. 

Boris Johnson today faces a revolt from dozens of his MPs, who are demanding action against Beijing over human rights abuses

Jeremy Hunt

Iain Duncan Smith

Up to 50 MPs including former Cabinet minister Iain Duncan Smith (right) are expected to either support or refuse to block an amendment to the Trade Bill. Former foreign secretary Jeremy Hunt has indicated he will defy the three-line whip and abstain

What would the Trade Bill amendment do? 

The Lords passed a series of amendments to the Trade Bill, but the genocide amendment is by far the most threatening for the government.

It would force the government to withdraw from any free trade agreement with countries that the High Court ruled was committing the highest grade of human rights abuses.

The measure is clearly aimed at China, with politicians across parties condemning the abuse of the Uighur Muslim minority.  

Supporters say the provision would send a ‘powerful’ message that the UK will not tolerate abuses anywhere in the world.

However, the government points out that there is no trade deal with China currently – and little prospect of one happening any time soon.

It fears the amendment would lead to vexatious court claims, and could prove counterproductive as the threshold to prove genocide is high.

Ministers also argue that politicians, rather than unelected judges, should get the final say on whether to do business with foreign states. 

Tory MP Nusrat Ghani, who is leading the drive for the change, said: ‘Britain must not look the other way on the genocide that is happening today in China.

‘This is our first chance outside the EU to show what Global Britain stands for.’

Mr Hunt told The Times: ‘I feel very strongly about this. I was always very struck having visited the genocide memorial sites in Rwanda that Bill Clinton thought his biggest mistake was that he didn’t intervene … 

‘I think there’s something very powerful about the fact that a UK court could make a determination.’

The Government has opposed the amendment amid concerns the measure would lead to vexatious court claims and could prove counterproductive since the threshold to prove genocide is high.

Ministers argue that politicians, rather than judges, should get the final say on whether to do business with foreign states. 

Downing Street said the UK had a ‘proud record’ standing up for human rights in China. The PM’s press secretary Allegra Stratton said: ‘We recognise the strength of feeling but the Government doesn’t support the amendment.’

The amendment ‘aims to address significant human rights concerns in China, but it’s the case that we don’t have a free trade agreement with China and we are not currently negotiating one’.

Trade Minister Greg Hands told the Commons this afternoon: ‘To accept this specific amendment would allow the High Court to frustrate, even revoke, trade agreements entered into by the Government and approved after parliamentary scrutiny.

‘This is a completely unprecedented and unacceptable erosion of the royal prerogative and not something the Government could support.

‘It is for the Government, answerable to Parliament, to make trade policy, not the courts.’ 

He added: ‘We do not have a bilateral trade agreement within the scope of this Bill with China. We have no plans to do a bilateral trade agreement with China.’

But Sir Iain, the former Tory leader, urged MPs to support the amendment, telling the Commons: ‘This is not anti-China but it is anti-genocide and we need now to stand tall.

‘We left the European Union because we didn’t want to accept judgments from a court that we say we didn’t have power over. 

‘But we didn’t come away because we disliked our courts. I think we have the best courts in the world, and I think they can make this judgment.

‘And my question, therefore, is what is it about? Why are we leaving? Why did we leave?

‘And the answer is so that we would stand tall and have a global vision about the morality of what we do.

‘I simply say to my colleagues and to the frontbench, tonight is more than just pettifogging, tonight is all about simply shining a light of hope to all those out there who have failed to get their day in court and failed to be treated properly.

‘If this country doesn’t stand up for that then I want to know what would it ever stand up for again? I urge my colleagues to vote to keep the amendment that is from the Lords in this Bill.’

Tobias Ellwood, the Tory chairman of the Defence Select Committee, signalled his intention to vote for the amendment as he told the Commons: ‘It saddens me that I’m having to rebel here today to encourage my Government to take the moral high ground. It should be our default position.’ 

In a joint letter to MPs, shadow foreign secretary Lisa Nandy and shadow international trade secretary Emily Thornberry called on them to support the changes.

‘In particular, we are all gravely concerned about the situation in Xinjiang and the growing body of evidence of the systemic human rights abuses being committed by the Chinese government on an industrial scale against the Muslim Uighur people and other minorities,’ they said.

If accepted, the amendment could prevent the government from agreeing a deal with China because of Beijing's treatment of the Uighur people in Xinjiang province, file photo

If accepted, the amendment could prevent the government from agreeing a deal with China because of Beijing’s treatment of the Uighur people in Xinjiang province, file photo

‘It is essential that, as we begin to implement our own independent trading policy, we ensure that our collective concerns about human rights are reflected in how we conduct trade negotiations around the world, and that Parliament can play its proper role in scrutinising potential trade agreements with those human rights concerns in mind.’

Foreign Secretary Dominic Raab was asked on Sunday if he thought the treatment of the Uighur minority group in China was genocide.

He said: ‘I think it’s for a court to decide whether the very complex definition of genocide is met.

‘But what is clear, frankly, whatever legal label you put on it, is that there are convincing and persuasive third party authoritative reports of serious violations of human rights on an appalling industrial scale.’

The Board of Deputies of British Jews has said it is backing the calls for the British courts to be given a new role in determining if the Uighur people are suffering genocide in China.

The amendment would allow domestic courts to declare if genocide is occurring in another country and it would prevent the UK trading with any country the High Court rules is committing genocidal acts.

Ms Stratton said the Government was ‘constantly reaching out to all parliamentarians’ and was proud of how the UK champions human rights globally.

She said the Trade Bill only applied to trade agreements that had already been signed with the EU, and that none of those agreements had ‘eroded any domestic standards’.