Select Committee on Defence Minutes of Evidence


Examination of Witnesses (Questions 60 - 79)

TUESDAY 13 MAY 2003

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

  Q60  Mr Roy: Are any of you gentlemen hopeful that any further progress can be made or were we just wasting our parliamentary time when we spoke about this? Would it be worth our while looking for any advances in the future?

  Sir Richard Evans: We absolutely should not abandon these issues. It is by keeping these issues on the table and continuing to drive, together with other moves that obviously have to be made in these territories, that we can try to get a meeting of minds. If you take them off the table the one thing you can be absolutely certain of is that is it forever. I agree with John, if you look down I think you will find there are some issues but in the context of trading, which is what this was about, and getting maximum utilisation of the resources that are available in the most efficient way, we have not succeeded on it.

  Q61  Mr Roy: Is that not you just going through the motions if you leave them on the table but they do not work? Who are you trying to appease? What is the point of doing that if you know that nothing is going to happen?

  Sir Richard Evans: I think that you have got to chisel away at these issues. We have been through the discussion and debate in the context of the market here in the UK and absolutely we should not give up on this issue. We should be using all the resources and all the tools available to us. It is not as if there are not measures of agreement with us on some of these issues, there certainly are, and what these actions that were initiated have done is, first of all, they have created a greater understanding of what the issues are on both sides and, secondly, a number of people, because of the understandings they have now got, are a lot more sympathetic to this issue and see the value of delivering the output from some of these requirements than was the case before we began this. We have got to keep on pushing at it.

  Q62  Mr Roy: What about the Declaration of Principles between the US and the UK? Are they better or worse? I would suspect that any lay member would have thought in today's world there is closer co-operation and maybe there is more chance of carrying this forward between the US and the UK but is that not the case?

  Sir Richard Evans: It depends at the level at which you address that question. I think I mentioned this earlier. I would say at the congressional level today it is more difficult than it was certainly a year ago and, if anything, in the last few months it has become even more difficult.

  Q63  Mr Roy: More difficult?

  Sir Richard Evans: Yes.

  Q64  Mr Roy: That surprises me.

  Sir Richard Evans: Which is quite to the contrary of what you might expect.

  Q65  Mr Roy: That is quite worrying.

  Sir Richard Evans: But politics have a hell of a way of changing. In this world the word "never" is to be used pretty sparingly.

  Q66  Mr Roy: Can I move on slightly away from the agreement between the six and the United States and the United Kingdom to the other European competitors and other countries and ask what your opinion is with regard to what is needed in order to open up the defence markets of those other countries outwith the six?

  Sir Richard Evans: I would say two issues. One is accepting a much wider choice in terms of supply, i.e. opening the borders up to competition. The other is putting an awful lot more work into creating common requirements, which takes you back into OCCAR and a lot of the work that has been going on there. Again, Government, as it has demonstrated, has got a major role to play in creating harmonisation in the context of equipment requirements. The benefits of that, when available, are there to be seen, as has been demonstrated in Iraq, and indeed in some cases when they are not available Iraq has always demonstrated the shortcomings that the services have to live with. I do not know this for a fact but I suspect that the British containment to the southern part of Iraq was in no small part a consequence of not having the maximum degree of interoperability and had we had it, it would have possibly made things somewhat different.

  Q67  Mr Howarth: Can we turn specifically to the ITARs, the International Traffic and Arms Regulations, that apply to the United States and of which mention has been made under the reference to the agreement signed in February 2000 between the United States and the United Kingdom, the Declaration of Principles. What would be the particular benefits to the United Kingdom, to UK industry, of the United States and United Kingdom Governments finally negotiating a waiver of the US ITAR regulations?

  Sir Richard Evans: I think the principal benefit would be a much greater degree of interchange between individuals engaged in our companies on joint programmes. It does not quite create a common footprint of citizenship but it goes an awful long way to getting towards it. On both sides there are clearly always going to be a number of areas typically classified in terms of the word "Black" where, quite rightly, any country has to create protections in terms of those areas. That apart, having the complete ability to have people treated equally in the context of security is an absolute fundamental principle. Incidentally, when you look at this issue of consolidation, consolidation cannot actually take place without it because when you look at the justification of these deals in terms of getting much greater utilisation out of the resources, particularly out of people, unless people can actually be treated as equals other than for "Black" in the context of the application and access to technology, the synergies that are required to support a deal in consolidation terms cannot be generated. That is actually one of the reasons why American companies should have an interest in supporting some of the changes that both the ITARs and the TAAs are designed to bring about because if they actually want to extend their own footprints outside America in the context of consolidation it is in their interests as owners of, if you like, the new entity that the whole of that entity can actually access on equal terms the technology that is available within the company.

  Mr Green: Can I just add one point to that. In this whole area we are more likely to make substantive progress on a project by project basis rather than trying to pursue generalities, so that it is really important to get it focused on the specific and make sure that the drive on a project basis is sufficient to overcome some of the bureaucratic difficulties that Sir Richard was referring to.

  Q68  Mr Howarth: Personally I am acutely aware of the problems about the JSF, to which Sir Richard referred earlier. He communicated in an earlier discussion that he saw the opposition not being so much political as industrial, i.e. the Americans want to protect their own marketplace, but surely in the light of the United Kingdom's support for the United States over Iraq now is the time to drive the bargain. What is being done? I know the Minister of State of Defence Procurement has been in Washington to try and drive this. This agreement was signed in February 2000, for goodness' sake. We are the only nation that seriously stood by the United States, why are we not getting this dividend? I leave aside the "Black" programmes, which frankly ought to be addressed as well in my view as well.

  Sir Richard Evans: I have to say that you are addressing the question to the wrong guy here.

  Q69  Mr Howarth: The Secretary of State comes tomorrow, if you could give us a series of questions we could ask him that would be helpful.

  Sir Richard Evans: I can assure you that at the industrial level we are doing everything in our power to support, and in a number of cases to initiate, the debates and discussions that are necessary to get us to where we need to go. Certainly to my own knowledge the Secretary of State, MinDP, PUS, MoD, all the guys who are associated with the lobby work that is required within the embassy on the Hill are all targeted and working using all the levers that are available to them, including those that you have referred to specifically with regard to the current relationship and the support that has been given for Iraq. This is a very big mountain to get across. Colin is right, if we cannot do this on a project by project basis then getting some sort of generality in terms of coverage on this will be even more difficult to do.

  Q70  Mr Howarth: Do you think that there is some genuine concern in the United States about export controls or is it driven by a desire to protect the home market?

  Sir Richard Evans: I would not want you to misinterpret what I said earlier because I was quite careful to say there was an industrial interest in this but also a political interest. I think particularly at the political level there is a very real concern and real belief that leakage does take place, is a problem and works against the interests of the United States. I think in some quarters that is a very sincerely held view.

  Q71  Mr Howarth: Before I come back to who else might be wheeled out to support the cause, are the United States doing anything to open up their markets to industry generally? This has been a bit focused on BAE and Rolls-Royce but Alvis-Vickers have got an interest and Thales, I know you have got American subsidiaries.

  Mr Howe: Yes.

  Q72  Mr Howarth: You are a French company. It is the French company that has got the business in the United States, not Thales UK as I understand it, and therefore perhaps it is a different issue.

  Mr Prest: There have been some quite significant UK contributions in US Army programmes over the years, some of them from the land systems division of British Aerospace.

  Q73  Mr Howarth: Is there anything that flows specifically from this joint government to government declaration that has been agreed?

  Mr Prest: I would say no. I am talking over a longer history than that, a much longer history.

  Q74  Mr Howarth: Basically no tangible benefit?

  Sir Richard Evans: Let us be very clear that there is a big difference in the US in the context of project specific technology and the winning of business. It is pretty clear to all of us that in order to win business in the US you have to be prepared to invest sizeable sums of money into the US market both to acquire and to organically grow a business base. Certainly in the case of BAE SYSTEMS and in Rolls-Royce we have done that. We have done it pretty successfully with a lot of support out of the US Government for the positions that we have taken and, indeed, that business is growing for both of us in quite a significant way. In our particular case at the moment we are something like the sixth largest US defence contractor. That is a very significant position. That is operating within the confines of our operation in North America. When you look at UK acquisitions, where the UK needs to access technology in order to get best value for those acquisitions, that is where the problem exists in the US. There is no prevention in terms of us investing into the US, quite the opposite, our investment is welcomed.

  Q75  Mr Howarth: It is the acquisition that is a problem?

  Sir Richard Evans: It is where the UK is making specific acquisitions and the—

  Q76  Mr Howarth: You are not just a British company, you are 50% plus owned by—

  Sir Richard Evans: We are a British registered company, the majority of whose shares, or just about the majority of whose shares today off the register are owned by non-UK entities. Again, when you look at the global movement of investments in the markets I do not think that is any great issue to go by.

  Q77  Mr Howarth: I regard you as a British company anyway, especially since you are in my constituency.

  Sir Richard Evans: We do pay tax, and an awful lot of it, and we pay it to the UK Treasury.

  Mr Howe: I just want to make a couple of points, if I may, because you touched on Thales. Our own companies in the States do conform to Dick Evans's model. We have invested significantly in companies there, including some defence companies, one of which does some very highly classified work.

  Q78  Mr Howarth: When you say "we"?

  Mr Howe: We, Thales, as a group. The group as a whole, not specifically French or specifically British. What we cannot do is pull the technology out of that business and use it elsewhere in our company. Secondly, on ITAR, I would not want to at all restrain you from making the sort of point you have in mind to the Secretary of State. It seems to me in the ITAR waiver what is actually being asked for is something quite modest, it is a waiver of ITAR regulations in relation to unclassified information, so it ought not to raise any heroic problems of security classification or national security at all.

  Q79  Mr Howarth: Do not depress me even more, it is even worse if it is non-classified information that we are talking about. Can I suggest to you that all these guys have been out there and made the case but the only guy who has got the clout is the Prime Minister, is it not? What representations have you made to him about his pursuing this as aggressively as possible with President Bush now?

  Sir Richard Evans: This is an item that is on the Prime Minister's agenda. I think the precise way in which tactically this is played is a matter for those who best understand the intergovernmental relationship process. I have to say that I have seen absolutely no lack of support from the bottom of the system right up to the top of the system for the UK industrial position on these matters.


 
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