Quadripartite Select Committee Minutes of Evidence


Examination of Witnesses (Questions 205-219)

RT HON MARGARET BECKETT MP, MR PAUL ARKWRIGHT AND MS MARIOT LESLIE

15 MARCH 2007

  Q205 Chairman: Secretary of State, you are most welcome. May I ask your colleagues to introduce themselves?

  Ms Leslie: I am the Director for Defence and Strategic Threats with, among other things, responsibility for arms control.

  Mr Arkwright: I am Head of the Counter Proliferation Department in the Foreign Office.

  Q206 Chairman: May I start with an issue where the Committee has expressed great appreciation for what the Government has done, namely in leading on seeking to secure an international arms trade treaty, and could I ask you at the outset what you feel the prospects are and, indeed, what are the prospects that not only conventional arms but dual-use goods and equipment might be covered as well? I know it is a bit of a crystal ball-gazing question but it is an issue that we are very interested in, like yourself.

  Margaret Beckett: First, it is, as you say, really quite hard to be confident at what the prospects are. I think we can take a certain amount of encouragement from the fact that we got a more favourable response than we were anticipating. I do not think any of us really imagined that we would get 153, I think it was, states voting in favour. A number obviously of key players abstained; that is clearly not surprising but not as encouraging, but only one, unfortunately the United States, voted against, and all of that, I think, is better than we could have anticipated in terms of a mood to make progress. As to how fast we can proceed that is something of another matter. We are now, I believe, moving towards the area where experts will begin to be engaged, and I suspect that like a lot of these things there will turn out to have been more support for the general principle of trying to make progress of this kind than there will be for the detail when we come to contemplate that.

  Q207  Chairman: What about the EU's position? Given that the EU has not been able to transform the code of conduct into a legally binding common position for reasons we all know, or at least think we know, does that indicate a rather weak EU position in trying to promote a legally binding international arms trade treaty?

  Margaret Beckett: I do not think there is necessarily an automatic read-through. I can see why it raises that question but I do not think there is necessarily a read-through because there are specific difficulties in terms of linking of issues and so on within the EU which do not necessarily really arise if you are talking about a global treaty, so I do not think one can necessarily assume that, because we have not managed to make as much progress as we would like on the one, it automatically indicates there will be more problems with another.

  Q208  Judy Mallaber: We recently met a delegation of Ukrainian parliamentarians seeking to set up their own monitoring committee systems, and we also visited the Export Control Organisation which brought home to us the complexity of managing to monitor and control arms exports controls. If there were an international arms trade treaty we would clearly need to give considerable assistance to developing countries to be able to implement the sort of systems we have been discussing that would enable the treaty to mean anything at all in practical terms. Maybe you could say something about how the UK would respond to that and what resources you would be able to put into assisting other countries if we did get an arms trade treaty to be able to monitor it?

  Margaret Beckett: Particularly given the fact that it is likely to be quite some time before we make substantive progress on detail in moving towards a kind of endgame, first it is too early really to assess what the shape might be of proposed control or monitoring or enforcement regimes, but certainly we are not proposing to wait until we have nearly got a treaty and then say: What can we do to help people? What we are trying to do is work with people now and in the future to build up understanding and acceptance of the kind of standards that might be useful, to learn from best practice and so on. So I do anticipate that we will do what we can to assist others with the process of enforcement, compliance and so on, but I am not envisaging there will be some kind of big push as we come towards a point of a treaty being considered; more that we will try and help people to build up their capacity in the interim, which would be better anyway because it means that over the whole period you are gradually raising standards in a way which, apart from anything else, could have a knock-on effect on what people find acceptable in a treaty. If they do not feel there is a bigger gap between what they are able to do now and what might be in a treaty, that is helpful in getting acceptance.

  Q209  Judy Mallaber: We know there are obviously relationships with other countries and exchanges of practice and so on. Is it possible to describe a little bit more about how extensive that is, how it works, which countries you do exchange that with, and who you give assistance to in developing their systems?

  Ms Leslie: We already have some capacity building and assistance programmes under a number of the other regimes. To take just one example, the Proliferation Security Initiative comes together with quite a lot of workshops, practical exercises, group and regional seminars, and also bilateral assistance that we give from the Foreign Office with the help of partners from the Ministry of Defence and the Department of Trade & Industry, so we have things like workshops for customs officials showing them how to inspect consignments and findings; we have help with legislation and legal frameworks for controlling armaments; we have a small budget already that we have within the Foreign Office that we use for that. There are similar things going on in some of the other weapons regimes, chemical weapons and so on, so as we move towards the point where a treaty might be ratified and implemented, we would have quite a lot of experience to build on and we could be gradually moving towards what the provisions of the treaty were.

  Q210  Linda Gilroy: On future trends and strategic export controls, the 5 February Defence News reported European and US government and industry officials as concluding that defence export regimes on both sides of the Atlantic are bankrupt due to their "rigidity, their backward-looking Cold War foundations and the global outsourcing and transfers of intangible know-how in the defence sector". Is that the way you look at things? Is it an accurate summary of where export control is in 2007?

  Margaret Beckett: No, you may be relieved to hear! I have to admit I am conscious of the fact that a report along those lines appeared but no, we do not take the view that that is an appropriate criticism. We do, in fact, as you know, and I believe I have heard the Committee complaining about this in the past, tend to say that everything is dealt with on a case-by-case basis and so on, and whatever the weaknesses or whatever the concerns the Committee may have about such an approach it does give you a degree of flexibility to respond to a changing situation, and I would not say I have ever really detected, having been at the other end of some of this process a few years ago, a kind of Cold War mindset that does not understand that there may be different dangers in today's and tomorrow's world.

  Q211  Linda Gilroy: Except that arguably things have got a great deal more complicated and have moved from being territorial to being one of end-use; the types of items are much more difficult to determine and therefore to control with intangible technology and dual-use—

  Margaret Beckett: Certainly.

  Q212  Linda Gilroy: —and you have also got many more potential suppliers and the trade patterns have changed; there are all the issues to do with intra company exchanges with subsidiary companies in different countries, so does this maybe argue for a framework, a formal system of end-use monitoring?

  Margaret Beckett: I am not sure that it does, to be honest—insofar as one can. But I think that all the points you make are well taken about how much more difficult and complex and varied the situation is now, but it seems to me that that argues for continuation of the case-by-case and "What is the equipment that we are talking about?" kind of approach, as opposed to a more rigid—and I suspect in fact, that this is the reverse of the accusation that was being made—formulation, which was looking backwards to the days of the Cold War and which might perhaps ignore some of these complexities. I have great sympathy with Committees' concerns about end-use monitoring, diversion and so on but, as I think the Committee will appreciate, these are genuinely extremely difficult areas. We do what we can, but I do think that to adopt the approach which we have done of putting the emphasis rather on pre licence scrutiny and thinking through these things and what the possibilities are and trying to take them as realistically as one can into account, is the answer. Of course, if you took them into account to the extreme degree you would probably never sell anything to anybody—which some people might prefer, of course.

  Q213  Linda Gilroy: Indeed. One of the things the Committee has been particularly concerned about is the position of the overseas subsidiaries of UK companies and making sure they do not export arms manufactured under UK licence to destinations to which the UK would not allow direct arms exports.

  Margaret Beckett: Well, the Committee will, I am sure, know that there is a review going on, and that is definitely one of the issues that people will be considering as that review proceeds but, again, that is really quite a complex area and one where it is quite hard to see that one can simply oversee and supervise.

  Q214  Linda Gilroy: It certainly is hard but, on the other hand, it sort of illustrates what I have just been saying about the complexity of things in general and the need for maybe moving towards some sort of end-use monitoring.

  Margaret Beckett: Yes, but let's take it out of this context. If the suggestion was made that we as the British Government should be trying to supervise the activities of companies who are producing elsewhere in the world perhaps, you know, under some kind of franchise and so on, I think there are a lot of people who would have concerns about whether that was possible or, indeed, whether it was viable, whether it was something that could be achieved. I completely understand and sympathise that in this context there will be people who feel we should be trying to do that, but you only have to think of it outside this context to realise it is really not that easy.

  Chairman: As you say, Secretary of State, it is an issue that will come up frequently, I am sure, during the review, and hopefully the Committee might have something to say on it as well. David?

  Q215  Mr Borrow: Can we move on to the sorry saga of the difficulties in the ITAR process for getting arms exports from the US. Dennis Burnett, who is vice-president of the trade and export controls at EADS North America is quoted on 5 February as stating: "Everyone agrees that the ITAR process [of vetting US defence goods and services for export] is broken". Would you agree with that analysis and, if so, what do you think should be done to change the situation?

  Margaret Beckett: I am cautious about agreeing with it, not least because I am not as steeped in the detail of it as perhaps he is, or maybe even you are, Mr Borrow, but certainly my understanding is that there is reconsideration being undertaken as to whether that process is being run as well as it should. That is not really a matter for us: it is a matter for the Government of the United States, but certainly we are trying, as we always do on these issues, to encourage as much co-operation and understanding as possible in order to try to ensure that what we can get is a flow of information and a co-operative approach and something that allows us, if the argument is that the present system is broken, under any new system to have the right kind of co-operative and constructive relationship that will work to the benefit of our industry and, hopefully, to our mutual benefit.

  Q216  Mr Heathcoat-Amory: Secretary of State, on this question of the waiver which would have granted this country a privilege from the need to license American exports to this country, this Committee urged you to pursue this pointing out that it would help British companies, and in the Government's reply it said it put a high priority on the importance of US/UK defence industrial co-operation and trade. How do you square that, though, with the United Kingdom participation in the European Defence Agency which was set up in 2004 to share European technology and research? How can one expect the Americans to grant us a favour if we are going into a separate agency in competition with the Americans?

  Margaret Beckett: I am not sure I would regard it as being directly in competition. There are different roles and different responsibilities. I think it would be strange if we said we wanted nothing to do with the European Defence Agency and not particularly productive and I think, too, that there are particular links and co-operative programmes with the United States, and the Joint Strike Fighter is one, I think. So it seems to me that, as in much of our foreign policy, what we are striving to do is keep open relationships which are both trans-Atlantic and also European.

  Q217  Mr Heathcoat-Amory: The aim of the European Defence Agency is explicitly to promote research aimed at creating a leadership in strategic technologies and strengthening Europe's industrial potential in this domain. Now, if you are an American congressman you must wonder why this country should be exempted from licensing requirements if we are going into an organisation to share that technology with a European agency in competition with the United States. Surely we have to choose here, and you are trying to have it both ways?

  Margaret Beckett: Is trying to have it both ways a bad thing automatically, do you think? Of course, any co-operation we have with the United States would be bound to be on the basis that it is not disadvantageous to the United States; there is no dispute about that and I am sure that has always been the basis of the understanding in the past and is likely to be in the future, but I would not wish myself to forego either opportunity to co-operate and it seems to me that is to the advantage of British industry.

  Q218  Mr Heathcoat-Amory: Of course you want to co-operate with everybody but how can you express surprise at the action of the American Congress when simultaneously with saying we want to co-operate with the United States we are actually co-operating with industrial rivals in the European Union? Surely there is a problem here? Can you not see the politics of it? The American Congress cannot be expected to grant us a favour in the light of what we did with the European Defence Agency? Do you not acknowledge a choice that has to be made here?

  Margaret Beckett: Of course I recognise that there will be individual congressmen or women who take such a point of view and are bound to raise it but, if I may say so, with deep respect, I find it difficult enough always to analyse the actions and thoughts of members of this House without trying to do them in a different legislature. All I would say to you is that successive American governments have reached agreements of that kind with us and successive American governments, as I understand it, have also urged the European Union to take greater defence responsibilities and, indeed, to be more active in such a field. So I can see why particularly perhaps individual Congress people might raise concerns; I think, however, our goal should be not to exacerbate them but to reassure them.

  Q219  Robert Key: Secretary of State, can you confirm that nearly half of our defence attachés are to be withdrawn next year as part of a cost-cutting excise?

  Margaret Beckett: No, because I am not sure that any such decision has yet been made. Certainly there are changes likely to be made and I believe the Ministry of Defence is considering the impact of those changes at this time, but I am not aware of any decisions having been made.


 
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