Select Committee on Defence Minutes of Evidence


Examination of Witnesses (Questions 20 - 39)

TUESDAY 13 MAY 2003

SIR RICHARD EVANS, MR NICK PREST, MR JOHN HOWE AND MR COLIN GREE

  Q20  Mr Cran: What do you mean "there are differences"?

  Sir Richard Evans: There are always going to be—and it brings you back into the point that was made earlier about the wider issues—in the chase part of a procurement process debates that take place and arguments which are about degree rather than necessarily absolute principle. The carrier is probably the classic case in point.

  Q21  Mr Cran: I am going to get on to that in a minute. You are going to pre-empt me I see.

  Sir Richard Evans: I do not wish to pre-empt you but I think the carrier is a classic case in point where there is a great debate about whether this particular definition is acceptable with everybody. The fact of the matter is we are suppliers. We clearly want a say in the context of making a contribution where we think we can add value to the process that leads up to the decision taking, but we do get to a point where we have to forget about definitions because we have to get on with the job. I must say we have fought cat and dog with my colleague on my left here, Mr Howe, in the run-up to the selection of the carrier programme. Actually it is quite interesting, despite the various press commentaries and media coverage that exist today about the differences between us, we have now got a combined team working on the carrier programme together. It is interesting but to my knowledge it has not got a French guy in it, although there may be some buried beneath it. The point I am making is you do get to a point where we have to stop arguing about the definitions of ownership and get on with the delivery of the task. The carrier is an interesting case where probably on this issue of ownership there has been the most fearsome debate, certainly that we have attempted to use in order to persuade people to join our particular opinion. Having got to the decision point, the guys behaved sensibly and got together, and I think we have now a very effective team. If anything, I would say that the MoD team now are running behind the industrial team, which is an interesting turnaround.

  Mr Howarth: Do you want to expand on that?

  Q22  Mr Cran: We are dying to hear from you.

  Mr Howe: I am dying to speak. Just two points to follow that up. Of course the Thales bid for the carrier was itself a 100% British bid. Had we won the contract, the work would have been done in the United Kingdom, the design would have been done here, the ships would have been made here, and it would have been no less British in terms of content than the BAE bid. I think the second thing about the carrier is the point you have just touched on, Sir Richard. Both companies were competing ferociously until three and a bit months ago. Since that time, something which is not generally recognised, both teams have turned themselves around and integrated and there is now a very great co-operation between the companies. I really do emphasise that.

  Q23  Chairman: Will that wonderful team be allowed to transfer to the building of the French carrier programme? That would then make it really easy for us to say how wonderful this new arrangement is that Sir Richard and you have mentioned?

  Mr Howe: Where I understand the French are on their carrier programme at the moment, as you probably know, is that they are studying options and looking at a number of different options for the second aircraft carrier. If they choose a design which is similar to the UK Alliance version, then I very much hope there would be ample scope for industrial co-operation from which your company as well as ourselves ought to benefit, but that is speculation at the moment because the French have not made their decision on which design they want.

  Q24  Mr Cran: Can I come back to the point you really touched upon, Sir Richard, which is the Future Carrier policy. The two of you are mates now naturally because you have to be and we would expect no less, but I did recall, when the process was going on as to what arrangement was going to be chosen, innumerable press articles and comments and all the rest of it which really seemed to be emanating from your outfit, Sir Richard, essentially saying you were British and they were French. I cannot put a quote to that, I cannot say you said that, but I am just saying a climate occurred which all of us were quite able to read about in the press and hear about on the radio. Is that unfair?

  Sir Richard Evans: No, I do not think it is unfair.

  Q25  Chairman: Would you use that card?

  Sir Richard Evans: I certainly recognise the arguments that you have just described. Whether it is unfair or not I think is for others to judge. We fight these campaigns in order to win. The point I am really making is that a point comes when decisions are taken and you have got to get on with the job. I have no doubt if a similar situation arose, not on carriers but on something else, we would behave in precisely the same way in order to support our position and our argument. I think there is a wider issue here that people need to understand which is something of a peculiarity about this industry. If you look at this industry worldwide there is a huge amount of collaboration and co-operation that takes place between companies. That collaboration and co-operation creates dependencies that are very unusual. Certainly in my limited period of time in terms of the car manufacturer ownership it was unthinkable to think in my particular case that Rover, for instance, would collaborate with Ford in the context of product development for instance.

  Q26  Chairman: But you sold it.

  Sir Richard Evans: We sold it, that is absolutely true, but the point I am making here is the motor car industry, which is a very high capital intensive investment business, has some fundamental differences in the context of the way that companies behave towards one another. The fact is that in the aerospace and the defence industry there is, I think, a much greater degree of co-operation and inter-dependence upon one another which is evident over the complete spectrum. It is certainly the case also in the civil aviation business. We are partners at BAE SYSTEMS of Airbus yet we actually undertake a huge amount of manufacturing work for Boeing. When you think about these arguments and the way they are progressed, one needs to look a little bit further under the skin to find out what exactly independence is about and who actually has it.

  Q27  Mr Cran: That is perhaps why you started off agreeing with the definition and then, as you pursued your argument, you argued yourself into a draw by saying the definition probably was not that helpful.

  Sir Richard Evans: I think a draw in this situation is not a bad outcome.

  Q28  Mr Cran: Because I am clearly going to get nothing else out of you on that subject, can I ask you, your industry has been subject to the most enormous amount of restructuring, what industry has not, but I can think yours has over the last decade or so. What trends do you see in the future that you would like to highlight to us?

  Sir Richard Evans: I think in terms of the broadest industrial base, the process of consolidation will continue. It is largely going to be driven by the ability to afford the investment that is necessary to sustain the product end of the business and it is also extremely important in the context of growing the business, which means taking market share. In this business, like any other business, we can have the finest quality of technology, the finest engineering that you will find anywhere in the world, but if the order book is empty it is very, very difficult to apply it to make some profits, deal with the shareholders, continue to keep people employed, etcetera. We have to go where the markets are and the fact of the matter is today, certainly in terms of the western world, the two major markets are Europe and North America. To be successful any of us have to have the ability to penetrate those two markets and we have to do the things that are necessary therefore in order to achieve that objective. I might say that in the context of America, although there is a bit of a honeymoon that has been going on in the context of American defence expenditure over the last two or three years this position will change, there will be revenue pressures on the Americans in the budget and the Americans will come looking to see how they can penetrate in other markets to see how they can make up for it. That means there will be fewer players going forward. They will, inevitably, be bigger than they are today and they are likely to be much more international in the context of ownership by definition of equity ownership. There are differences by which they portray themselves in the markets in the context of how they ground themselves. I have to say I cannot see anything other than a continuation of a global form of consolidation continuing for the foreseeable future.

  Q29  Mr Cran: I take it that you all agree. One last question, simply this: you have said that the restructuring will continue, of course. Does government have a role to play in this? If so, are there measures that you would like to see government implement or do you think, "Keep the hell out of this, this is something for the market place, allow us to take decisions"?

  Sir Richard Evans: No, it is not something that the government should step back from. Again, a peculiarity of this industry is that it is a relatively seamless relationship in government simply because of the nature of the work this business performs. It also has another peculiarity in that government is a major customer for the industry. Those two issues, defence and therefore being a major customer, make this different to the motor car industry or retail sectors. I guess the issue that I would highlight—and comments that have been made may add to this—is this whole issue of technology and the limitations that are imposed in terms of moving technology around. If we were to look at European collaboration and consolidation—and the same certainly applies to trans-Atlantic consolidation—the fact of the matter is we have to have a process whereby we can freely within the entities we create allow technology to move and therefore be used and be turned into product for the market place. At the moment that is exceedingly difficult and certainly in most cases right now utterly impossible. I would give you in the context of my personal position an example which is JSF. The time when we need to argue our corner on this is either when we go and buy product or, alternatively, if we consolidate and we do something in the context of bringing entities together. There is absolutely no point, for instance, in going into the States and seeking to obtain some sort of redress in the context of the way technology can be moved and applied after the event. We have a serious problem at the moment on JSF, I am not talking just the industrial side but the UK position broadly, in that unless we are able to access the necessary technologies that support this particular programme, we will never have completely autonomous capability in the context of the updating and operating of the product. That is an example that clearly makes the governmental position exceedingly important for us. However this consolidation takes place, the fact of the matter is that there has got to be a position for government in here in the context of dealing with this, if not other issues as well.

  Mr Cran: That is very clear. Do you all agree with it?

  Q30  Chairman: If, Sir Richard, you decided to do a deal with a foreign company, would you have to consult the government or would the government use its golden share to prevent you if it so wished?

  Sir Richard Evans: We certainly would have to because although there is not in the case of BAE SYSTEMS today such a thing as a golden share because the origins of the golden share have been substantially changed over years, the fact of the matter is within the articles of association of the company, at the behest of government, in the context of diluting some of the earlier conditionalities that went with the golden share, no single shareholder is entitled to hold more than 15% of the equity. No more than one or two or however many people are entitled in to act in concert in order to apply the equity ownership of a combined shareholding in the company, and therefore there is no way in our particular case that we could make any significant move that involved the change of the equity position in the business without the consent and support of government.

  Mr Green: Just a couple of points, if I might. First of all, we need to recognise that defence is an industry and, as Sir Richard said, it is both a customer and a definer, so it generates technology and it uses technology, and on the question about the Britishness or otherwise of defence contractors you have to ask a couple of additional questions in terms of how is that technology controlled and to what degree does, therefore, market access flow from it and thereby wealth creation. Thus when looks at the Britishness or otherwise of an entity in this market, it is not who owns the shares, it is where is the wealth generated and what is the freedom of use for technology generated in that programme? These are the wider issues quite rightly addressed in the Defence Industrial Policy and the test is going to be how many teeth are applied to those wider issues or are they there as "tick the box" type statements.

  Q31  Mr Cran: I do not understand that. What do you mean by adding teeth?

  Mr Green: In other words, are we going to seriously apply weight to the wider issues so they will genuinely be a counter balance to the four key issues or is it always the four key issues will dominate and therefore we will always select on the basis of the four key issues and the wider issues are just there for the purpose of the record?

  Q32  Chairman: It could mean that the government has in its tool box the ability to make any choice it wishes because if it wishes to draw one of the other arguments out to rationalise its decision it is perfectly easy to do so. I cannot see what difference and relevance this packaging of four inside the box and the rest outside the box has, the government still has the flexibility that it had previously.

  Mr Green: The government must always have the final say, there is no question about that, regardless of what the weights on a particular score sheet might say.

  Chairman: Rachel has rebranded herself. She is representing a Scottish constituency but we know all about repositioning and re-branding.

  Q33  Rachel Squire: I have just been reshuffled. Thank you, Chairman. I think I had better repeat, given the discussion that has taken place so far on the future aircraft carrier, that I do have a strong constituency interest, namely Rosyth Royal Dockyard and I know Babcock Rosyth are working closely with Thales, BAE SYSTEMS and indeed Rolls-Royce on that project. I should also say, particularly because I want to pick up on some of the points on research and technology that I had the benefit some years ago of doing the Industry and Parliament Trust Scheme with British Aerospace, as it then was, which certainly gave me an introduction to the national and global perspective of defence industries that has been referred to. I do recall that one of the major lessons I learned from that trust scheme was the importance of research and technology, and picking up on Sir Richard's opening comment that one of the major issues is technology for industry, now as it was then, Mr Prest's comments about the need to focus more effectively on technological development and how the procurement cycle became decoupled from R&T. Can I ask some questions to further explore this whole area. Firstly, as you well know, one of the factors in the MoD's procurement decisions is the need to protect the UK's scientific base. Can I ask you your views on whether you think the Ministry of Defence does enough to honour that commitment in its procurement decisions?

  Sir Richard Evans: I think it is very difficult to produce precise examples of where maybe that actually has not happened. My guess in answering that question is we would certainly look to the recent events regarding DERA, and the privatisation of part of that organisation that has taken place, where I think only time will tell whether we have put into place here the necessary protections, and those protections incidentally are dual edged. They are protections in the context of protecting what we actually have and what we have generated thus far in a relatively small scientific fraternity who have generated, if you look historically in terms of pound for pound, some quite extraordinary achievements in terms of the creation of scientific invention and making that available for application. But also the protections that are required to give others the confidence to share that technology with us, and I am talking here at the UK plc level as opposed to the industrial level, giving others the confidence to share their technology with us in a way that historically has been the case, and here I am obviously referring to the close relationship that exists, and has existed, within the scientific fraternity of the MoD and a number of the US governmental establishments. We are assured that the appropriate protections have been put in place to deal with both of these issues, i.e. the leakage of technology out as well as the protection of technology coming in. It is an interesting question as to whether or not those protections will continue to maintain the same opportunities for us that we have enjoyed in the past. In that context I think nobody today can say definitively yes or no but certainly a number of us have got concerns as to whether or not we will continue to derive the benefits that we have had in the past from the work in this area that has been done.

  Q34  Rachel Squire: when you say that we continue to derive the benefits we have enjoyed in the past, do you see any realistic prospect for significantly more collaboration in the research and technology area, particularly with US partners? You referred earlier to the problems, the difficulties, over the JSF and its technological development. Where are the particular blockages that are not even guaranteeing the continued level of co-operation but are also preventing the development of closer collaboration in the future?

  Sir Richard Evans: If we just stay with the US position at the moment. I think there is a sort of broad understanding that the inhibitors in the context of the sharing of technology are largely generated around the political positions that are driven, for instance, out of Congress and out of DoD. Obviously in the context of jurisdiction the State and Justice Departments have an interest in this area. I think there is a significant degree of truth in that and you have only got to look at some of the recent utterances. I think Henry Hyde recently made a very strongly worded statement regarding the US tightening up its rules with regard to the sharing of technology. It is wrong to believe that this is a political issue alone.

  Q35  Mr Howarth: Who said that?

  Sir Richard Evans: Congressman Henry Hyde. You need to remember that the sharing of technology also has significant implications at the industrial level and there is no doubt at all, taking the case of JSF, that a dilution of those controls today of the nature that we are looking to obtain in due course will dilute the commercial benefits that in this particular case the other American partners enjoy in the JSF programme. Quite clearly when we come to look at significant updates to the aircraft, having the ability from our indigenous resources to both manage and control those updates on the basis of the technology that has been transferred in its crudest terms takes business opportunities away from the US companies. Although we see the front of the State Department, Congress, the DoD or whatever, protecting the American territory on these technology issues, do not believe that this does not enjoy a huge amount of support from the industrial base that lies behind it but you do not actually see that when you look at where the blockages are. The blockages certainly are created through the legislative process and, indeed, in most cases significant changes to that process do actually have to go to Congress itself. There is a big commercial implication to the changes that we are seeking that work to our advantage here in the UK but correspondingly very much against the industrial advantage of the US companies involved in that particular programme.

  Mr Green: Perhaps I could add to that?

  Q36  Rachel Squire: Yes, I was going to ask you, Mr Green, to do so. I know you talked earlier about how to control that technological development and collaboration and I would like you to comment on how, frankly, we can better ensure that the British lead in certain technological and scientific research and development is equally protected as well as shared.

  Mr Green: As Rolls-Royce, of course, we are a major participant in the JSF programme and we are wrestling right now with this real issue. It is important to recognise that from the aerospace side of the defence industry there is an incredibly close relationship between what happens in defence and what happens in the commercial marketplace. Technology is only of value if it is able to be brought to market and, in other words, sold to customers who are prepared to pay money for it. As technology itself is matured on real programmes then you seek to reuse that technology across a wide range of products. It is not only a question of sharing the technology, it is also sharing the ability to exploit that technology. What we are seeing is a significant difficulty in making sure that the technology is able to flow freely across the Atlantic in order that it can be used and exploited in commercial programmes as well as the specific military programme that is being done, in this particular case the JSF. Again it comes back to these wider issues of what are the additional benefits associated with participation in a defence programme. Perhaps the UK is a little purist in the way in which it goes about these things and, therefore, tends to look at it very much from the confines of the particular defence requirement that is being met and does not pay enough attention to the wider issues in terms of technology that is generated and then how do we exploit it so that it genuinely generates wealth on both sides of the Atlantic.

  Q37  Rachel Squire: Can we move on. Obviously we have talked about collaboration, sharing with the US, but can I ask you about collaboration with your European partners in defence industries, both the views about the controls and the ability to collaborate on technological development and also your opinion as to whether one of the restrictions on that could be perhaps the impact that it would have on partnerships with the US defence industry and their concern that there is too much sharing of very valuable information.

  Sir Richard Evans: One of the principal arguments that is deployed by the US in the context of maintaining its existing policies is the question of leakage. There is absolutely no doubt at all that the fact that we have a number of relationships into not just European companies but companies also outside Europe is a significant issue that recurs whenever we pursue this issue of getting some sort of alleviation with regard to the current rules. The leakage issue is a major issue. It is very much a hangover from the old Comecon days when there were genuine and absolutely correct concerns about leakage into the Eastern Bloc countries. I have to say that I think in recent times, and certainly post 11 September, these issues are more difficult to deal with than they were prior to that. Certainly I could not give you specific examples where, for example, there has been consideration on a piece of technology that we require in the US because of a relationship that we have, say, in Europe or Australasia but, nevertheless, it absolutely recurs every time you raise this issue on the Hill: leakage. I do not have to say it today but there are some parts of Europe that are clearly more focused for attention than maybe they were a few months ago. These are all territories with whom we have important programmes in the UK, not speaking specifically on behalf of BAE SYSTEMS but the UK as a whole has a large number of dependencies on European collaboration.

  Rachel Squire: Thank you.

  Q38  Syd Rapson: In the Defence Industrial Policy document there is a quote under the importance of the UK defence industry which says that "the UK has also led the way in encouraging an open and competitive defence market . . . improving industry's efficiency and effectiveness and increasing the value for money for the taxpayer". Would you say that is true?

  Sir Richard Evans: I think it is largely true because currently the UK is the only country in the world that is a major procurer of defence equipment that actually has opened its market up. It is an interesting fact that the UK today is the second largest importer of defence equipment in the world, second only to Saudi Arabia. If that does not demonstrate the success of the open shore policy then I am damned if I know what does. You certainly will not find anybody else who is in that situation.

  Q39  Syd Rapson: If I can squeeze the question again. Are there any major defence manufacturers in the world that are opening up their markets as we are? Are we leading the way hoping that others will follow by example?

  Sir Richard Evans: We are. We are way out ahead of the pack. Sure, you can find examples where it could be said that Nick in the land systems business could go and invest in and take stakes in German entities or Scandinavian entities but it is amazing how difficult that is to do in practice.


 
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