The debate over the so-called ‘genocide amendment’ to the trade bill raises interesting questions about the balance of powers, and responsibilities, between the executive, parliament and the courts. The amendment, which has already passed the Lords, would give English courts the power to rule on whether a state is committing genocide — should the government seek a trade deal with that state, the executive would have to seek parliamentary approval first. But beyond the constitutional questions, the amendment also tells us a lot about how UK policy towards China is likely to evolve in the coming years.
In the last year, the UK’s position on China has shifted dramatically. As I say in the magazine this week, it is remarkable to think that a year ago the government was defending having Huawei — a company with close links to the Chinese military — play a crucial role in the building of the UK’s 5G network.
But the fact that, despite the government’s shift in position, it is facing a possible defeat over this amendment that would strike down any trade deal with a genocidal state shows that the political pressure is for an even tougher approach.
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