Select Committee on Defence First Joint Report


4  FUTURE OF THE EXPORT CONTROL ORGANISATION

The JEWEL and Gershon reviews

70. The JEWEL project (Joined-up and more Efficient Working in Export Licensing), a review of ways to improve co-operation between the various government departments involved in the licensing process, was completed in 2003. We welcomed the results of the project in our last Report.[87] Changes to be introduced as the result of the review included:

  • establishment of improvements in the decision making process to speed up decisions on less complex cases (Smart Front End);
  • common staff induction and training programmes, development of a joint mission statement; new performance targets;
  • measures to improve the relationships with exporters, for example production of a DVD/CD Rom on export control, and changes to the website; and
  • new IT developments.[88]

The positive impact of the review has been borne out by the comments noted previously in this Report about the improved performance of the licensing operation.[89]

71. We were therefore concerned to hear that the ECO will be dramatically affected by the efficiency savings in the civil service announced by the Chancellor of the Exchequer in the 2004 budget. The Organisation had on average 166 staff during 2003-04; this will fall to 136 by 31 March 2005 and 109 by 31 March 2006. Staff reductions have been made in all areas except the compliance team, ie: export control policy (which includes UK legislation and input into EU and international export control regimes, bilateral relations, Parliamentary work), export licensing units, IT and data support and the continuous improvements projects team.

72. NGOs and industry were united in their opposition to the proposals. The UK Working Group on Arms stated:

    That such a large cut in staff at the ECO will inevitably lead to less scrutiny of export licences as well as less transparency and urges the Government to reverse this decision. [90]

EGAD also expressed its concern:

    We would not want to see any retrograde steps taken as a result of Treasury-inspired arbitrary cuts in personnel and resources allocated to export control. As we have said in our submission, at this time when there is increased recognition of the importance of export controls, if the staff really are surplus to requirements for the licence processing then surely they can be reallocated to what we call missionary-type work, going out there trying to be more proactive, trying to identify companies who currently are operating outside of the system, either deliberately or inadvertently. [91]

73. The Foreign Secretary assured us that "the Trade and Industry Secretary, Patricia Hewitt, and I understand our statutory parliamentary responsibilities about ensuring that this system works efficiently and we are determined to ensure that that happens."[92]

74. We were told by the Secretary of State for Trade and Industry that levels of service would be maintained. She noted that performance figures for 2004—after the first cuts had been made—showed an improvement in SIEL application processing times. She linked the cuts already made to the JEWEL review and further changes in processes, for example, streamlining processes, increasing exporter awareness to improve the quality of applications and improving the competences of staff. She told us that "measures are in place to help maintain the levels of service to exporters."[93] The Secretary of State also commented that ECO staff were now "encouraging exporters to use open licences whenever these are available",[94] something about which we expressed our concerns earlier in this Report.[95]

75. She admitted to us that the "reduction in staff is however a steep one, over a relatively short period of time " and added:

    I am therefore considering whether there may be further steps we can take. I want to consider the scope for involving private sector partners, for example in processing licence applications, in delivering the IT investment which the Jewel project identified as important to future delivery, and in carrying out awareness and compliance activities. I am not in a position at this stage to reach conclusions about future options but will keep you closely informed.[96]

76. This statement causes us considerable concern. The UK Working Group on Arms had commented that:

    Under no circumstances should the Government consider privatising any part of the export licensing process. Any such moves would have huge implications for the accountability of the system, would be highly likely to give rise to conflicts of interest, and would send exactly the wrong signal to other states in the process of improving their own export control regimes, especially in Europe, where the UK is regarded as playing a leading role on this issue.

We share these worries. We were also surprised to hear about this step relatively late in the day, and are disappointed that the Foreign Secretary did not alert us on 12 January to the fact that these options were being considered.

77. It is unfortunate that the export control system, which has only just been subject to a major efficiency exercise, and has important additional responsibilities arising from the Export Control Act 2002, is suffering cutbacks. We are concerned that ECO work that is seen as more peripheral, such as seminars for industry, outreach to other countries to improve their export control systems and, dare we say it, provision of information to us, may suffer. This would be very short-sighted. It seems to us that there is also a possibility that the current encouragement for open licensing is resource-driven. There is a very fine line between optimal efficiency and needless risk and the Government must not cross it.

78. We welcome the Secretary of State's undertaking to keep us closely informed about plans to involve the private sector in parts of the Export Control Organisation's work. We trust that no changes will occur until our successor Committees in the next Parliament have had an opportunity to take evidence on the proposals.

Charging for licences: an alternative to job cuts?

79. One alternative to job cuts would be the introduction of charges for licences. The UK Working Group on Arms stated in a memorandum to us that "if financial savings have to be made a far better approach would be to charge for the licensing services provided by the ECO." [97] Brinley Salzmann of EGAD commented:

    We do have naturally, as you would expect, some concerns about that but we do also recognise that there is charging, for instance […] the United States and I believe Germany.[98]

His colleague Michael Bell expressed particular concerns about the possible impact on compliance.[99]

80. The Foreign Secretary had an open mind on the issue:

    You could argue that there are charges for licences in many other areas, for example, there are charges which are imposed, and quite substantial charges these days, in respect of planning applications, so I am not saying that it is a black-and-white issue, but we have to think it through very carefully[100].

However, he confirmed that there were "no present plans" to introduce charges.[101]

81. The FCO confirmed in a supplementary memorandum to us that France and the Netherlands do not charge for licences, that Germany charges for ancillary services (which provide guidance and assistance) and Italy charges 11 euros per application, plus an annual registration fee of 258 euros. It added that "Following this initial survey, we will now be conducting a wider study within the EU. We will provide the Committee with a copy of our findings."[102] We welcome this initiative.

82. Charging is a complex matter, and would have a dramatic impact on the licensing system. The structure of charges would have to be carefully thought through so that it did not have an unintended impact on demands for particular licences, and did not adversely affect the competitiveness of British companies. But if the pressure of cost-savings at the ECO becomes too great, it could represent the lesser of two evils.


87   Committees' 2004 Report, paras 204-209 Back

88   Committees' 2004 Report, Ev 50 Back

89   See para 47. Back

90   Ev 80 Back

91   Q 37 (Mr Salzmann) Back

92   Q 87 Back

93   Ev 84 Back

94   Ev 84 Back

95   See para 62. Back

96   Ev 84 Back

97   Ev 80. See also Saferworld Report pages 8 and 18-19. Back

98   Q 38 Back

99   Q 38 Back

100   Q 92 Back

101   Q 91 Back

102   Ev 87 Back


 
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