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Cluster Munitions (Prohibitions) Bill [HL]

Again, I thank the noble Lords for the points that they have raised. I understand that ensuring the compatibility of provisions in the Bill with the export control order is a concern, and rightly so. We all want to ensure that the prohibitions are watertight. We debated this matter at Second Reading. The noble Lord, Lord Hannay, referred to that. I gave assurances that we had worked closely with the Department for Business, Innovation and Skills to ensure the compatibility of these two pieces of legislation. Several noble Lords kindly accepted this assurance at Second Reading, but requested a double check to make absolutely sure. I am happy to say that we have checked again and I remain confident that there are no gaps in the provisions. The export control order makes it illegal to export cluster munitions—to supply, to agree to supply or to do any act calculated to promote the supply of cluster munitions. This latter restriction covers a wide range of activities known as ancillary services. These include providing financial services for trade in cluster munitions, providing transportation services, and generally promoting this trade. The Bill creates offences of assisting, encouraging or inducing anyone to engage in prohibited activity. The provision of ancillary services, according to the order, could be classed as assisting or encouraging activity under the Bill. The prohibitions in the order and the Bill are therefore complementary and reinforcing. I think this will address further the point of the noble Lord, Lord Hannay. I hope that noble Lords will not now need further statements of reassurance from the Government on this matter, as envisaged by the amendment, especially since the requirement in the amendment would place an additional stage in the UK’s ratification of the convention. This would increase the risk of delay to our becoming a state party. On the basis of those remarks, I hope the noble Lord will withdraw his amendment.