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To ask His Majesty’s Government, further to the remarks by Baroness Chapman of Darlington on 3 September 2024 (HL Deb cols 1065-69), whether they had discretion not to suspend the arms exports to Israel which they suspended.
To ask His Majesty’s Government, further to the remarks by Baroness Chapman of Darlington on 3 September 2024 (HL Deb cols 1065-69), whether they had discretion not to suspend the arms exports to Israel which they suspended.
My Lords, the assessment that there was a clear risk that certain UK exports might be used to commit or facilitate serious violations of international humanitarian law meant that such exports were no longer permitted under our strategic export licensing criteria, and were thus suspended. The SELC are statutory guidance, from which the Government may depart only when there is a good reason. Moreover, the UK’s international obligations, such as under the Arms Trade Treaty, remain binding on the UK under international law, irrespective of whether the SELC are being applied. My noble friend Lady Chapman was therefore quite correct to say that, under the criteria, the Government were required to suspend certain licences.
I thank the Minister for that answer but, when the Foreign Secretary announced the suspension, he was careful not to use the word “required”, and specifically referred to the fact that international humanitarian law was not the only factor to be taken into account. Whether one thinks that all arms exports to Israel should be suspended or no arms exports to Israel should be granted, surely we can all agree that Parliament must be given an accurate reason for the Government’s decision. Is not the very fact that the suspension is only partial proof that, contrary to what the noble Baroness, Lady Chapman of Darlington, told your Lordships on 3 September and subsequently, the Government had a discretion in this matter that they chose to exercise in a particular way?
I thank the Minister for that answer but, when the Foreign Secretary announced the suspension, he was careful not to use the word “required”, and specifically referred to the fact that international humanitarian law was not the only factor to be taken into account. Whether one thinks that all arms exports to Israel should be suspended or no arms exports to Israel should be granted, surely we can all agree that Parliament must be given an accurate reason for the Government’s decision. Is not the very fact that the suspension is only partial proof that, contrary to what the noble Baroness, Lady Chapman of Darlington, told your Lordships on 3 September and subsequently, the Government had a discretion in this matter that they chose to exercise in a particular way?
I must reiterate that my noble friend Lady Chapman was absolutely correct to say that, under the criteria, the Government were required to suspend certain licences. The decision not to suspend the F35 licences was a departure from the criteria, and Ministers anticipated such a course when the criteria were introduced.
However, our international obligations remain binding on the UK under international law, regardless of whether the SELC are being applied. So, for example, our actions to depart from the SELC and continue the export of items for the F35 programme still have to comply with the Arms Trade Treaty. Article 7 of that treaty requires a balancing exercise, considering factors including the risk of serious violation of international humanitarian law and whether exports
“would contribute to or undermine peace and security”.
Exports are prohibited under this article unless the risk of negative consequences is overriding.
Finally, the Government have been clear about the international humanitarian risks in this case, but also that F35 licences cannot be suspended without serious prejudice to the entire programme and, therefore, to international peace and security. Thus, the exemption of F35 licences was a case-specific decision based on specific factors, while the suspension of other licences was mandated by the criteria.
To ask His Majesty's Government whether the advice of the Attorney General on arms exports to Israel required certain export licences to be suspended.
To ask His Majesty's Government whether the advice of the Attorney General on arms exports to Israel required certain export licences to be suspended.
Paragraph 21.27 of Erskine May states:
“By long-standing convention, observed by successive Governments, the fact of, and substance of advice from, the law officers of the Crown is not disclosed outside government. This convention is referred to in paragraph 2.13 of the Ministerial Code. The purpose of this convention is to enable the Government to obtain frank and full legal advice in confidence.”
This is known as the Law Officers’ Convention and it applies to your question.
To ask His Majesty's Government, further to the remarks by Baroness Chapman of Darlington on 3 September (HL Deb col 1065), whether ministers were required to suspend certain export licences for items that could be used in the current conflict in Gaza.
To ask His Majesty's Government, further to the remarks by Baroness Chapman of Darlington on 3 September (HL Deb col 1065), whether ministers were required to suspend certain export licences for items that could be used in the current conflict in Gaza.
I addressed this in the House of Lords on 16 October reiterating our position. The UK's Strategic Export Licensing Criteria state that the Government will not issue an export licence if it determines there is "a clear risk" that the items might be used to commit or facilitate a serious violation of international humanitarian law. On 2 September, following a review of Israel's compliance with and commitment to international humanitarian law, the Government determined that there was "a clear risk", and took the decision that the UK would suspend relevant arms export licences to Israel which could be used for military operations in Gaza. The suspension will not change the UK's support for Israel's right to self-defence in accordance with international law. The decision will be kept under review.
My Lords, I ask the Minister now to take the opportunity to correct the misleading Answer given to your Lordships’ House on 3 September by his noble friend the noble Baroness, Lady Chapman, when she told your Lordships’ House that the Government were
“required to suspend certain export licences
”—[Official Report, 3/9/24; col. 1065.]
to Israel. Is it not clear that what she said was in complete contradiction to what the Foreign Secretary told the other place on 2 September, when, in justifying the decision not to impose a ban on equipment for the F35, he made it plain that the Government had discretion on whether to ban or not?
My Lords, I ask the Minister now to take the opportunity to correct the misleading Answer given to your Lordships’ House on 3 September by his noble friend the noble Baroness, Lady Chapman, when she told your Lordships’ House that the Government were
“required to suspend certain export licences
”—[Official Report, 3/9/24; col. 1065.]
to Israel. Is it not clear that what she said was in complete contradiction to what the Foreign Secretary told the other place on 2 September, when, in justifying the decision not to impose a ban on equipment for the F35, he made it plain that the Government had discretion on whether to ban or not?
The simple fact of the matter is that we have responded to the arms embargo based on an assessment of Israel’s compliance with international humanitarian law. In that assessment, we have made decisions on suspending export licences that we assess do not risk facilitating military operations. They include 60 military items—for example, trainer aircraft and other naval equipment—and other non-military items, such as food-testing chemicals, and telecoms and data equipment. On exports, the F35 programme covered in principle by this suspension is for parts that can be identified as going directly to Israel. However, this is an international programme where we cannot be absolutely certain where those parts are going. That is why we have covered it in relation to the F35. The noble Lord can be assured that we will be determined to comply with international humanitarian law and will take the necessary steps where appropriate.
I am grateful to the noble Lord. The Foreign Secretary in his Statement said that the commitment to comply with international humanitarian law is not the only criterion in making export licensing decisions, and he justified the decision
to exempt the F35 equipment on other criteria. So does it not clearly follow from that the Government could, had they wished, have decided against a ban on the ground that Israel is acting in self-defence against an organisation committed to its destruction and recognised by our own Government as a terrorist organisation? In the light of that, will the Minister now accept that when she told your Lordships’ House on Tuesday that the Government were required to suspend certain export licences, what she said was both factually inaccurate and grossly misleading?
I am grateful to the noble Lord. The Foreign Secretary in his Statement said that the commitment to comply with international humanitarian law is not the only criterion in making export licensing decisions, and he justified the decision
to exempt the F35 equipment on other criteria. So does it not clearly follow from that the Government could, had they wished, have decided against a ban on the ground that Israel is acting in self-defence against an organisation committed to its destruction and recognised by our own Government as a terrorist organisation? In the light of that, will the Minister now accept that when she told your Lordships’ House on Tuesday that the Government were required to suspend certain export licences, what she said was both factually inaccurate and grossly misleading?
No, I do not accept that. The legal test we have is that there is a clear risk, and the advice we received was that in the case of these 30 licences it could present a clear risk—not that it has done, not that there is a breach, but that there is a clear risk. This is not an embargo on sales of arms to Israel. I am fairly confident that the noble Lord will know that the case of the F35s is different. We supply components which are part of a global supply chain, and stopping those components being provided could cause very difficult disruption and there would be an impact on global security.
My Lords, I begin by paying tribute to my noble friend Lord Tebbit, who has been such an inspiration to so many of us on the Government Benches for so very long. We were all deeply moved yesterday by the words of President Zelensky. I am sure his words will lead to further donations to the committee. Sadly, the torrent of words which have registered support for Ukraine has not always been matched by action. Given the lamentable decision of President Biden to veto the ability of Poland to send its MiG-29s to an American base in Germany, will Her Majesty’s Government match the courage of the Government of Poland—not to mention of the Government of Ukraine—and make available facilities in this country to which those MiGs could be flown and collected by Ukrainian pilots, then flown to Ukraine?
My Lords, I begin by paying tribute to my noble friend Lord Tebbit, who has been such an inspiration to so many of us on the Government Benches for so very long. We were all deeply moved yesterday by the words of President Zelensky. I am sure his words will lead to further donations to the committee. Sadly, the torrent of words which have registered support for Ukraine has not always been matched by action. Given the lamentable decision of President Biden to veto the ability of Poland to send its MiG-29s to an American base in Germany, will Her Majesty’s Government match the courage of the Government of Poland—not to mention of the Government of Ukraine—and make available facilities in this country to which those MiGs could be flown and collected by Ukrainian pilots, then flown to Ukraine?
My Lords, I join my noble friend in the tribute he paid to my noble friend Lord Tebbit. I remember that one of my first appearances at the Dispatch Box was reflective of an ongoing cricket analogy that we have played out. I greatly respect the support that he has given to me over the years. I am sure I speak for many across the House in paying tribute to my noble friend Lord Tebbit for his services to your Lordships’ House and the country over many years. On the specific question, the United Kingdom has been at the forefront of support for Ukraine, including supporting its defence requirements. Defence is playing a central role in the UK’s response to the Russian invasion. We are working very closely with our allies and partners to fully understand the nature of what is required on the ground. We were reminded of this by President Zelensky, who is in daily contact with my right honourable friend the Prime Minister. I listened very carefully to what my noble friend Lord Howard said, and I will certainly take that back to the Ministry of Defence.
My Lords, I declare my former interest as the chair of Hospice UK. Does my noble friend the Minister agree that, even in the crude terms of value for money, because of its extraordinary ability to attract a huge amount of volunteer effort, the hospice movement is almost certainly the most effective sector in our entire healthcare system? Can he assure me that the Government will give full weight to that factor when they consider the urgent need of hospices for further support during this crisis?
My Lords, I declare my former interest as the chair of Hospice UK. Does my noble friend the Minister agree that, even in the crude terms of value for money, because of its extraordinary ability to attract a huge amount of volunteer effort, the hospice movement is almost certainly the most effective sector in our entire healthcare system? Can he assure me that the Government will give full weight to that factor when they consider the urgent need of hospices for further support during this crisis?
I completely endorse my noble friend’s comments. Hospices are often the hubs for huge community efforts to raise money and to create volunteer support for those who are at the end of their lives. They are hugely valued in the healthcare system. The challenge that they face at the moment is recognised and we will meet our responsibilities to them.
My Lords, I declare my interest as chair of Hospice UK. Would my noble friend agree that the greater the extent to which hospices can discharge their functions, the greater the extent to which the pressure on NHS beds will be relieved? Is that not therefore a compelling reason for ensuring that a pay increase is met with regard to hospices?
My Lords, I declare my interest as chair of Hospice UK. Would my noble friend agree that the greater the extent to which hospices can discharge their functions, the greater the extent to which the pressure on NHS beds will be relieved? Is that not therefore a compelling reason for ensuring that a pay increase is met with regard to hospices?
My noble friend gives a compelling reason. It is salutary to note that while around half of deaths occur in hospital, most people—about 70% to 80%—would prefer to die at home or in a hospice, which means that we need to have a thriving hospice sector. That is why it is important to make sure that it can compete on a level playing field for staff.
My Lords, I declare an interest as chairman of Hospice UK. Is the crux of this issue not the fact that most people do not want or need to die in hospital, and that not enough help is given to allow and help those people who do not need to die in hospital to leave hospital and get the palliative care which can be provided in hospices or elsewhere? Is my noble friend the Minister aware that Hospice UK has put forward a plan to the Government which would enable 50,000 people a year to leave hospital before they die, so that they can get the proper palliative care that they need? That would save the Government money, and all we need is a modest sum to carry out an evaluation exercise to see what is the best way of achieving this eminently desirable objective. Will he go back to the department and urge his colleagues to make this modest sum available?
My Lords, I declare an interest as chairman of Hospice UK. Is the crux of this issue not the fact that most people do not want or need to die in hospital, and that not enough help is given to allow and help those people who do not need to die in hospital to leave hospital and get the palliative care which can be provided in hospices or elsewhere? Is my noble friend the Minister aware that Hospice UK has put forward a plan to the Government which would enable 50,000 people a year to leave hospital before they die, so that they can get the proper palliative care that they need? That would save the Government money, and all we need is a modest sum to carry out an evaluation exercise to see what is the best way of achieving this eminently desirable objective. Will he go back to the department and urge his colleagues to make this modest sum available?
I thank my noble friend for that question. Perhaps I could suggest that he and I meet outside this Chamber, along with some colleagues from NHS England, to discuss his proposal in more detail.
To ask Her Majesty’s Government how many of those arrested in the recent public disorder had served a sentence of imprisonment.
To ask Her Majesty’s Government how many of those arrested in the recent public disorder had served a sentence of imprisonment.
To ask Her Majesty’s Government whether any further research has been carried out to bring up to date the result of the survey referred to in Paragraph 25 Appendix 6 of Making Punishments Work—The Result of a Review of the Sentencing Framework for England and Wales (July 2001).
To ask Her Majesty’s Government whether any further research has been carried out to bring up to date the result of the survey referred to in Paragraph 25 Appendix 6 of Making Punishments Work—The Result of a Review of the Sentencing Framework for England and Wales (July 2001).
To ask Her Majesty’s Government how many prisoners in England and Wales carried out work in each of the years 1990–2010.
To ask Her Majesty’s Government how many prisoners in England and Wales carried out work in each of the years 1990–2010.
To ask the Secretary of State for Environment, Food and Rural Affairs how many and what proportion of maps issued have been returned due to error during the course of the 2009 update of the Rural Land Register; what estimate he has made of the cost to the public purse...
To ask the Secretary of State for Environment, Food and Rural Affairs how many and what proportion of maps issued have been returned due to error during the course of the 2009 update of the Rural Land Register; what estimate he has made of the cost to the public purse...
To ask the Chancellor of the Exchequer what assessment he has made of the financial effect of the repeal of furnished holiday letting rules on persons operating holiday lets.
To ask the Chancellor of the Exchequer what assessment he has made of the financial effect of the repeal of furnished holiday letting rules on persons operating holiday lets.
To ask the Chancellor of the Exchequer what representations he has made to the European Commission on the legal status of the furnished holiday letting rules.
To ask the Chancellor of the Exchequer what representations he has made to the European Commission on the legal status of the furnished holiday letting rules.
To ask the Chancellor of the Exchequer what legal advice his Department took in advance of the decision to abolish tax relief on furnished holiday lettings.
To ask the Chancellor of the Exchequer what legal advice his Department took in advance of the decision to abolish tax relief on furnished holiday lettings.
To ask the Chancellor of the Exchequer what discussions he has had with the Secretary of State for Culture, Media and Sport on the effect on the tourism industry of the abolition of (a) the furnished holiday lettings rules and (b) tax relief on furnished holiday lettings.
To ask the Chancellor of the Exchequer what discussions he has had with the Secretary of State for Culture, Media and Sport on the effect on the tourism industry of the abolition of (a) the furnished holiday lettings rules and (b) tax relief on furnished holiday lettings.