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FOREIGN AND COMMONWEALTH AFFAIRS

Arms Exports (EU Code of Conduct)

Mr. Ancram: To ask the Secretary of State for Foreign and Commonwealth Affairs pursuant to the written ministerial statement of 21 December 2004, Official Report, column 171WS, on EU Code of Conduct on Arms Exports, what legal remedy through (a) national courts and (b) the European Court of Justice exists if an EU member state breaches the Code of Conduct. [219735]

Mr. Straw [holding answer 3 March 2005]: The domestic consequences of a member state breaching its obligations under the EU Code of Conduct on Arms Exports will depend upon its national laws. For the UK, I refer the right hon. and learned Gentleman to the written statement of 21 December 2004, Official Report, column 171WS. The EU Code of Conduct on Arms Exports is not justiciable in the European Court of Justice.

Mr. Ancram: To ask the Secretary of State for Foreign and Commonwealth Affairs pursuant to the written ministerial statement of 21 December 2004, Official Report, column 171WS, on EU Code of Conduct on Arms Exports, what legal remedy exists if a supplier in an EU member state breaches the current arms embargo. [219736]

Mr. Straw [holding answer 3 March 2005]: The EU embargo on the sale of arms to China reflects a political commitment by member states. It sets a high common standard for all member states' assessment of applications to export all items on the EU Common Military List. All EU member states have incorporated the Code of Conduct into their export licensing procedures, according to their national laws. There is no common interpretation of this commitment among member states. In the UK, exporters are required to seek a licence before exporting controlled goods or technology. A licence will not be issued if approval would be inconsistent with, inter alia, the UK's interpretation of the China embargo. The UK's interpretation of the embargo was set out by the then Minister of State at the Foreign and Commonwealth Office, the late Derek Fatchett, in a reply on 3 June 1998, Official Report, columns 240–41 to my hon. Friend the Member for Gedling (Vernon Coaker). The legal penalty under the Export Control Act 2002 for exporting controlled goods or technology without a licence may be imprisonment for up to 10 years. I am sending the information the right hon. and learned Gentleman requested on penalties which apply in other member states and placing a copy in the Library of the House.
 
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Mr. Ancram: To ask the Secretary of State for Foreign and Commonwealth Affairs pursuant to the written ministerial statement of 21 December 2004, Official Report, column 171WS, on EU Code of Conduct on Arms Exports, whether the Code of Conduct will forbid the export to China of (a) machine guns, (b) large calibre weapons, (c) bombs, (d) torpedoes, (e) rockets, (f) missiles, (g) ammunition, (h) military aircraft, (i) helicopters, (j) vessels of war, (k) armoured fighting vehicles, (l) command and control systems and (m) logistics management systems. [219737]

Mr. Straw [holding answer 3 March 2005]: The EU Code of Conduct sets a high standard for all member states' assessment of applications to export all item on the EU Common Military List. All EU member states have incorporated the Code of Conduct into their export licensing procedures, according to their national laws. The list includes all the items listed in the question, although some helicopters and logistics management systems may be purely for civil use, and therefore not licensable. To ask what specific equipment the code 'forbids' is to misunderstand the way it functions. The code obliges member states to refuse to license the export of any item on the list if, inter alia, there is a clear risk that it might be used for internal repression, aggressively against another country, or to assert by force a territorial claim. There is also a provision in the code which provides for denial of export licences for equipment which may affect the national security of the UK, of territories whose external relations are the UK's responsibility, and of allies, EU member states and other friendly countries". The code applies to exports to China and all other countries, and has proved effective since its inception in 1998. It is the criteria in the Code of Conduct, rather than the Arms Embargo on China, which have formed the basis for the clear majority of the licence refusals made by EU member states in respect of China.

Attorney-General (Iraq Advice)

Annabelle Ewing: To ask the Secretary of State for Foreign and Commonwealth Affairs whether he had a role in the (a) framing, (b) drafting and (c) drawing up of the parliamentary answer given by the Attorney-General on 17 March 2003 on Iraq. [218592]

Mr. Rammell: My right hon. Friend the Foreign Secretary had no role in the framing, drafting and drawing up of the Parliamentary Answer given by the Attorney-General on 17 March 2003 on Iraq.

Bolivia

Mr. Simmonds: To ask the Secretary of State for Foreign and Commonwealth Affairs what assessment he has made of the Bolivian Congress's decision to charge former Bolivian President Gonzalo Sanchez de Lozada and members of his former cabinet with genocide. [218961]

Mr. Rammell: We are aware that former President of Bolivia, Gonzalo Sanchez de Lozada and members of his cabinet are charged with genocide. We believe this is an internal affair and a matter for Bolivian authorities. We trust that the case will be pursued with full respect for the due process of the rule of law.
 
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China (Arms Embargo)

Mr. Laurence Robertson: To ask the Secretary of State for Foreign and Commonwealth Affairs what discussions he has held with the US Administration on the lifting of the EU's arms embargo on China; what the US's position was; and if he will make a statement. [220361]

Mr. Rammell: I refer the hon. Member to the reply I gave on 20 January 2005, Official Report, columns 1055–56W to the hon. Member for Ruislip-Northwood (Mr. Wilkinson).

Craig Murray

Mr. Drew: To ask the Secretary of State for Foreign and Commonwealth Affairs what redundancy package was negotiated with Mr. Craig Murray; and whether confidentiality clauses were included. [218578]

Mr. Alexander: Mr. Murray applied for early severance from the Foreign and Commonwealth Office (FCO) in accordance with the terms of the FCO's current programme to reduce its staff numbers. The terms for all early departures, including Mr. Murray's, are those laid down under standard Cabinet Office-approved rules. No officer who has departed under these terms has been asked to agree any confidentiality clauses. It would not be appropriate for us to go into the detail of the terms received by individuals.

Democratic Republic of the Congo

Mr. Drew: To ask the Secretary of State for Foreign and Commonwealth Affairs if he will make a statement on the attack on UN peacekeepers in the Ituri region of the Democratic Republic of the Congo; and what additional help the British Government plans to offer in support of peace-keeping activities there. [220270]

Mr. Mullin: We condemn the attack on a patrol of Bangladeshi peacekeepers in Ituri province by local militias and offer our condolences to the families of those killed. We remain determined to support the United Nations in ensuring that those responsible are brought to justice.

An additional UK officer will shortly be seconded to the UN peacekeeping force (MONUC). The Ministry of Defence are also making a contribution to training staff at the newly-established divisional headquarters in Kisangani. We await the UN Secretary-General's next report on the Democratic Republic of Congo and will carefully consider its recommendations on additional support that might be required to continue to improve MONUC's effectiveness.

Departmental Staff

Keith Vaz: To ask the Secretary of State for Foreign and Commonwealth Affairs how many people are employed in the FCO Services: Visits section; and what training they received in advance of taking up their position. [219276]

 
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Mr. Rammell: There are 34 full-time staff and 43 part-time contract staff employed in Foreign and Commonwealth Office (FCO) Services: Visits. The part-time contract staff are Liaison Officers and Interpreters employed on a visit by visit basis to accompany the visitors to their official appointments.

On joining FCO Services: Visits, all staff receive full on the job training from experienced colleagues covering all elements of the role.

Keith Vaz: To ask the Secretary of State for Foreign and Commonwealth Affairs how individuals were recruited by the FCO Services: Visits section in the last year for which figures are available. [219277]

Mr. Rammell: In the last year all Foreign and Commonwealth Office Services: Visits vacancies have been filled from within the Foreign and Commonwealth Office.

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