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22 Jan 2003 : Column 367—continued

4.27 pm

Colin Burgon (Elmet): I am glad to take part in the debate. I do not think for one minute that I can approach the kind of passion displayed by my hon. Friend the Member for Bradford, West (Mr. Singh), but, for what it is worth, I shall try to put over my historical perspective on the situation that we now confront.

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As has already been said in the debate, we live in a world where the United States is now the only world superpower. We are living really at the apex of the American century. In our lifetime—looking round the Chamber I am confirmed in this view by the advanced age of most of the Members present—we have had what was called the balance of terror between the United States of America and the Union of Soviet Socialist Republics. But we have also had an international stalemate, notwithstanding the fact that we also had a large number of localised conflicts.

The collapse of communism changed all that. The 20th century is over, but the 21st century opens, I would argue, in twilight and obscurity. We are now sailing in completely uncharted waters. Using an admittedly Western perspective, it is the first time that we have had one global superpower, probably since Spain of the late 1500s or the British Empire in the 19th century.

The decisive question of the 21st century is how the United States will use its power and position. How we react to that question is itself instructive. Are we relaxed about it, or are we apprehensive? What, if any, checks and balances—like the American constitution is itself—should we attempt to put in place to control that situation?

I pick up very much on the comments of my hon. and learned Friend the Member for Medway (Mr. Marshall-Andrews). I, too, am not anti-American. I find the United States fascinating. It has massive diversity: although some of it is sometimes not worth looking at, I respect its vibrancy and energy. I have American friends whom I value greatly, and I immensely enjoy the study of the history of the United States. I have been lucky enough, for instance, to walk the beautiful states of Virginia and Maryland on their civil war battlefields. To take a diversion, it is worth noting that the American civil war saw more American deaths than every other war and action in which America has been involved. That period of history is well worth studying, as it is part of the American psyche, and it is arguable that we have yet to get the result of the American civil war.

As a friend of America and its people, I say that honesty is central to any proper friendship. If the US has no better friend than the UK, we should be able to tell the US if we think that it is heading in the wrong direction. I therefore agree with the former President of the United States, Bill Clinton—this will not get me any brownie points from the current President—who said:


The test of a mature and confident nation should be its response to such a view, and America's friends hope that it can accept what could be seen as constructive criticism. I am lucky enough to be reading at the moment Eric Hobsbawm's fantastic book, "A Twentieth Century Life". Drawing towards the end of the last century, he writes:


Life is sometimes a little more subtle than that.

We must also reflect in this Chamber on the views put to us by constituents. It is clear from opinion polls, not only in this country but in America, that there is a deep

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reservation about possible action in Iraq. The concerns that I promised constituents who have written to me that I would raise include, to put it bluntly, a profound distrust of President Bush, his judgment and some of the people who surround and advise him. Some of my constituents think that possible action against Iraq is dominated by the domestic American agenda and an attempt to distract attention from the state of economy there. In addition, there is the question of oil supplies, which has been mentioned in the House previously. Many constituents have written to me to say that we are entering a situation the outcome of which is completely unknown. Another group of people, for sincere, pacifist reasons, think that all wars are wrong. I respect their opinion but I do not share it. On balance, I have even had a few letters from people who say, "I oppose everything Tony Blair does, but I support him on this one," which could be a warning sign to us.

Something else that has surprised me—I do not know whether this is reflected in other Members' experiences—has been the paucity of letters that I have received on this subject relative to its importance.

Mrs. Mahon: I have had thousands.

Colin Burgon: I have not. I ask myself why, and I can only presume that people feel powerless—that they feel that events are completely out of their control, and that we are sleepwalking into a war. My view is that the basic preconditions for winning a battle for public opinion in this country are a second resolution from the Security Council, taken in the context of the evidence in the current situation, and a vote in this House.

I have another two concerns to which I hope that Ministers will respond. There is a strong argument that intervention in Iraq represents a massive diversion from the vital struggle against al-Qaeda and all the elements allied with it.That struggle is tremendously important. It is an ideological and military struggle that we cannot afford to lose. The whole basis of western secular society is under threat from the assault from al-Qaeda. Any action in Iraq will divert resources from that battle. It is estimated that we may need 100,000 troops minimum to bring stability to a post-Saddam Hussein Iraq.

If the US and Britain act unilaterally or bilaterally and ignore the UN, any regime that is set up in Iraq will be severely compromised. It will be seen as the puppet of two western powers. Therefore, it is absolutely vital that the UN throws its support behind any intervention, if there has to be an intervention in Iraq.

I mentioned the American civil war earlier. It was the northern general, Sherman, who made the famous remark, "War is hell." We must do our utmost to make sure that the innocent civilians of Iraq are spared that particular experience.

4.36 pm

Mr. Elfyn Llwyd (Meirionnydd Nant Conwy): I warmly congratulate the hon. Member for Bradford, West (Mr. Singh) and the hon. and learned Member for Medway (Mr. Marshall-Andrews) on their superb speeches. I very much associate myself with their views. The hon. Member for Vale of Glamorgan (Mr. Smith)

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made an interesting speech but, with respect, I do not know of anyone on either side of the House who is pro-Saddam.

Mr. John Smith: It was not my intention to imply that. My intention was to make those who think that they can conduct normal business with such a tyrant realise that they cannot.

Mr. Llwyd: I am obliged for that explanation.

I am pleased to take part in this debate on behalf of Plaid Cymru and the Scottish National party. We all know that much has happened over the past two months or so but, in essence, the main questions remain exactly the same. Could the use of military force against Iraq without UN sanction be lawful? There are two avenues through which such action could be deemed lawful. The first is if there were a material breach of resolution 1441 and a further resolution were sought from the Security Council to authorise such action. The second relates to the inherent right of self-defence as encapsulated in article 51 of the UN charter. Any action that is not caught by one or other criterion would not therefore be lawful.

That is not simply my contention but that of the leading human rights lawyer, Rabinder Singh QC. His opinion was set out with clarity and great detail in a written opinion prepared for the Campaign for Nuclear Disarmament dated 15 November 2002. I commend that document to anyone in this place or outside who is in any doubt about the legality of a unilateral strike by the United States.

There is no clear or compelling evidence to suggest that the United States or the United Kingdom could invoke the self-defence provisions. One would have thought that the dossier that was the subject of the recall of Parliament in September would have spelt out the case for self-defence. Alas, that document did nothing of the kind. In fact, there was nothing in it that could not have been gleaned from the broadsheets and from the internet. Certainly, there was no urgency in any perceived threat. If anything, the document tended to defuse the case for urgent action. The ifs, buts and suppositions in the document spoke volumes. No one could seriously allege that there is an imminent danger of attack that would legitimise an act of self-defence.

Let us consider whether resolution 1441 authorises the use of force. The proponents of military action argue that it does, but previous Security Council resolutions—for example resolution 678—have adopted strong and very different language to authorise the use of force. States are authorised to use "all necessary means" or take "all necessary measures". Those are not merely issues of semantics. Undoubtedly, the consideration of such words took a lot of time when resolution 1441 was discussed. It is known that the United Kingdom and the United States sought an express authorisation, but such authorisation is manifestly lacking in the final wording. Security Council permanent members, Russia, France and China made their position crystal clear: they did not want the resolution to authorise force.

Instead, resolution 1441 provides at paragraphs 4, 11 and 12 that, in the event of non-compliance, the matter will be referred to the Security Council, which will convene to consider the need for full compliance

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and so on. That clearly means that it is for the Security Council to decide on any further action that might be taken against Iraq. Having failed to obtain express authorisation for the use of force, having incorporated minute changes to the final draft, the sole purpose of which was to exclude the possibility of hidden triggers and to preserve the role of the Security Council, and having publicly agreed in the explanation of the vote for adopting resolution 1441 that there was no such implied authorisation for the use of force, would it not be extraordinary for the UK and the US to regard the resolution as now providing such authorisation?


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