Quadripartite Select Committee Minutes of Evidence


Examination of Witnesses (Questions 220-239)

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

15 MARCH 2007

  Q220  Robert Key: Do you know when those decisions will be made?

  Margaret Beckett: Because it is an MoD review I do not really. I would have thought in the not-too-distant future but I do not have a timeline, I am afraid.

  Q221  Robert Key: Our understanding is that there is a dispute about the cost of this. It is about £11 million a year for services—

  Margaret Beckett: I am not sure there is a dispute about the cost; there may be a dispute about who pays.

  Q222  Robert Key: But you are not going to pay, is that right? It would fall on the defence budget?

  Margaret Beckett: I am not sure how much of this is in the public domain—

  Q223  Chairman: I think we are drawing rather heavily on the Daily Telegraph. I must be transparent about this.

  Margaret Beckett: All I am able to say at this moment in time is, I am sure everybody realises, it is going to be a stretching public spending round and in the FCO we have to look very carefully at what are going to be very limited resources and make the best possible use we can of them.

  Q224  Robert Key: What effect would any cut, but certainly one as great as half, have on the Foreign Office's ability to properly scrutinise licences for the export of arms and sensitive goods?

  Margaret Beckett: That is exactly the kind of issue that I am sure Ministry of Defence will be taking into account. What is the role, the scope, for their network and consequently perhaps considering, although as you say all we have is the Telegraph report at present, what that means, but my understanding is what the Ministry of Defence is looking at is the tasking of their defence attaché, and it may even lead to a greater clarity about what that tasking is, and it would certainly be more within Ministry of Defence's own remit. But areas which would be of concern for us in this matter will obviously also be of concern to Ministry of Defence, I would have thought.

  Q225  Peter Luff: Foreign Secretary, I suppose my concern is I understand the financial pressures you are under, and Ministry of Defence and DTI, but I see our foreign posts apparently are a coalition of at least three departments, possibly more, all of whom are taking individual decisions to cut posts which could have a cumulative impact on the issues we are discussing in this Committee today, because I know UKTI are withdrawing posts from very important places as well. It worries me that the sum total could be very great as individual departments decide to do things for their own personal reasons. Can you reassure me there is oversight of the total impact of our representation in the individual posts?

  Margaret Beckett: You are making a very strong point, Mr Luff. I think there is not any doubt that, whichever the department, the Government as a whole has come to the view that we need to have a keener sense of where our major priorities lie. We are, for example, in our own department very much reprioritising, beefing-up our posts in areas where we believe the challenge and need will be greater in the future and in consequence reducing areas where it would be enjoyable, comfortable, to continue to maintain posts at the level we do. But given that resources are limited, recognising we may have to reduce some where there is perhaps a less pressing need in order to put resources where there is definitely a need and where I am sure in this House and across the board people would want us to put those resources.

  Q226  Peter Luff: "We" as a corporate "we", not as an FCO "we"?

  Margaret Beckett: Yes—well, perhaps I ought to say at the FCO that that is definitely what we are doing. My understanding is that is what my colleagues are also seeking to do; I am not trying to speak on behalf of my colleagues' departments.

  Q227  Chairman: The Committee absolutely recognises that the scrutiny of individual licence applications on a case-by-case basis is the foundation of the export control regime, and it is critical and of supreme importance. However, do you not agree that the only thing that really matters in relation to arms exports is end-use? End-use is the be-all and end-all of the control regime, and whilst the scrutiny of the original licence application is central to trying to assure appropriate end-use and not inappropriate end-use, the value of overseas posts is in being able to spot, and this has happened in the past as we all know, circumstances where UK arms are in the wrong place—perhaps even, as we suggested, a more proactive scrutiny of exports to particular destinations. Do you appreciate, Foreign Secretary, our concern that that part of the exercise should not, in our view, be diminished? Indeed we really feel that the opposite could be justified?

  Margaret Beckett: Yes, of course, I appreciate your concern, and if you want to make a case to me that the FCO ought to maintain and expand its posts anywhere in the world I would be very happy to take delivery of it, and urge you to raise it in other quarters!

  Chairman: I did not quite say that. Robert?

  Q228  Robert Key: The arms market is growing and over the past decade about a third of UK arms exports went to regions of instability, to Saudi Arabia, Oman, India. Are UK exports adding to regional tensions?

  Margaret Beckett: No, I do not believe so. That is obviously one of the areas we look at very carefully bearing in mind, of course, that even in regions where there is instability and there are difficulties, people have a legitimate right to self-defence, which indeed might be even more urgent if they are in regions of instability, but it is one of the things that people do look at very carefully, as to whether or not we might be—inadvertently no doubt—exacerbating a situation.

  Q229  Robert Key: How does that interface with criterion 4 of the EU code about preserving regional security? It seems to me there is contradiction here, that that particular criterion is ineffectual?

  Margaret Beckett: No, I would not say that. I would strongly urge on the Committee the fact that that is very much something we do take into account. Obviously we assess any proposals against all the criteria, and we recognise that as being one of the important ones.

  Q230  Robert Key: The market is growing fastest in those nations which are increasing their military capability and modernising their Armed Forces, like India, for example, so will we be exporting more to, for example, India and other countries, just because they are growing faster and they are going to get more of our arms exports, and will that not exacerbate instability in these regions?

  Margaret Beckett: We look very carefully at applications in those circumstances precisely to weigh whether or not these are applications for things which might cause difficulty in times of instability, and, indeed, there are applications which are rejected on very similar grounds.

  Q231  Robert Key: Could you give us an example of that?

  Margaret Beckett: Can I send you a note about it?

  Robert Key: Thank you.

  Q232  Mr Heathcoat-Amory: Secretary of State, could I ask you about the end-use of particular aircraft? There was a recent case of maritime-patrol aircraft sold to the Indian government which now wants to supply Burma with them, and there is no explicit ban on that in the original contract. Do you think there should have been?

  Margaret Beckett: With the benefit of hindsight I suppose one could say it might have been desirable but I think the original contract would have been rather a long time ago, possibly even decades, I am not quite sure, because we are talking about quite elderly aircraft, but certainly obviously that is something that if a similar export took place today one would consider. We have been in touch with the Government of India to express our concern and they have assured us that these are unarmed aircraft and it is thought that that will remain the position, and obviously we would look very carefully to see whether any requests that were being made for military components in the future might be relevant to these aircraft because, exactly as you say, there was nothing in the original contract. Does anybody know how long ago that contract was?

  Ms Leslie: The 1980s.

  Q233  Mr Heathcoat-Amory: Could I ask you about an allied issue of surplus military equipment? I have asked a series of Parliamentary Questions about the disposal of equipment to non governmental purchasers. The regulations are quite good about supplying governments with this but I was very surprised to be told by the Department of Defence that there is no register of non-governmental buyers and no single set of general rules relating to the disposal of equipment to non-governmental purchasers. As a lot of the threats we face are non-governmental, do you think there is a problem here? This is perhaps a slightly detailed question.

  Ms Leslie: I think all four of the departments would apply the same criteria to non-governmental purchasers as they would to governmental ones so in that sense all of us including the Ministry of Defence would have a stake in it, but in looking at a non-governmental purchaser we would want to look at all the criteria in the export control regime and look at it particularly carefully, because we would want knowledge about a non-governmental purchaser and it might be more difficult to come by than for a governmental one.

  Q234  Mr Heathcoat-Amory: Could I suggest that in an age where non-state actors, as the vogue phrase has it, are becoming more important this might be revisited? Particularly I am really quite disturbed that there is no list of them and no general rules so I think we ought to extend, as it were, to private purchasers of these weapons really the same controls. Could I suggest that perhaps we follow that one up?

  Margaret Beckett: I think we can follow it up during the review of the Export Control Act, because it is a valid point.

  Q235  Sir John Stanley: Foreign Secretary, paragraph 1(i) of the Oslo Declaration on the International Instruments to prohibit cluster bombs that was promulgated on 23 February says that this international agreement is going to, "prohibit the use, production, transfer and stockpiling of those cluster munitions that cause unacceptable harm to civilians". Can you tell us, Foreign Secretary, which categories of cluster bombs in the British Government's view do not have the capacity of causing "unacceptable harm to civilians"?

  Margaret Beckett: Obviously cluster bombs are designed for inflicting injury on the battlefield but they do have a potential also for causing harm to civilians, so it is not so much that we think there is a category that could not potentially cause harm; it is the distinction, as I am sure you are well aware, Sir John, between so-called dumb and smart weapons; that there are some which have perhaps a greater capacity to be used in a more targeted way, or which lose their capacity perhaps after time to inflict that kind of injury, and others which do not, which having been dropped just stay there as a potential lethal weapon under all circumstances, and it is the distinction between the one and the other, where one has an even greater capacity to cause harm to civilians, that is intended, I believe, in the wording of the Oslo Declaration.

  Q236  Sir John Stanley: But, Foreign Secretary, does not that distinction fall wholly to the ground depending on the use which is made of cluster bombs, and it is immaterial whether a cluster bomb is a smart cluster bomb or a dumb cluster bomb if it is dropped on an area which is populated by civilians? Is it not the case that it is bound to cause civilian casualties?

  Margaret Beckett: I think there are two distinctions here. One is whether or not there is a proper use of weapons, and any weapon can on occasion be misused; the other is perhaps the general point about the use of cluster weapons as against alternatives which are not cluster weapons at all, and you will be much more familiar with this than me, Sir John, from your experience in the Department of Defence but it is my understanding that the military argue that, if one did not have the opportunity to use cluster weapons, then in order to achieve the same goal in a conflict situation it is likely you would have to use much more substantial and heavier and much less well-targeted munitions, which would be even more likely to cause even greater damage to civilians. That is the military case, as I understand it, for continued deployment of cluster weapons.

  Q237  Sir John Stanley: So are we right in concluding that the British Government's objective in this forthcoming treaty will be to apply the treaty to dumb cluster bombs only?

  Margaret Beckett: We are happy to work with the Oslo Declaration but our objective is to work through the CCW process to try to get agreement. There is nothing wrong with the Oslo process and that is why we were happy to go along and to be part of it and encourage it, but engaging those countries who are producers and users of cluster bombs seems to us to be a more productive way forward and that is why we are seeking in parallel to work through the CCW process. That does not envisage, however, as you quite rightly identify, asserting that there should be a ban on the use of cluster weapons at all, for exactly the reasons I have just given.

  Q238  Sir John Stanley: So can you then confirm that the British Government's objective is to apply the treaty provisions to dumb cluster bombs only?

  Margaret Beckett: Our objective is to phase out the use of such bombs and to encourage others to phase them out and to get a treaty that bans them, yes.

  Q239  Sir John Stanley: Thank you. One other aspect on the use of cluster bombs, if I may. As I am sure you are aware, Foreign Secretary, in the conflict in the Lebanon last year the UN reports estimate that there were approximately four million bomblets dropped in the course of that conflict, and the UN also estimates that 90% of those four million bomblets were dropped in the 72-hour period between the adoption of United Nations Security Council Resolution 1701 on 11 August and the coming into effect of the ceasefire on 14 August, and those four million bomblets were dropped over an area approximately one and a half times the area of Greater London. Do you not agree, from a humanitarian point of view, that to drop that number in that particular timescale after the UN Resolution had been adopted was an utterly indefensible action by the Israeli Government, and can you point to one single public statement of condemnation by the British Government in relation to the dropping of 90% of the cluster munitions in that particular time period?

  Margaret Beckett: First, I am not familiar with the figure of four million that you give but I do know there were very substantial cluster munitions used. I do not know what the proportions are as between what was used in the previous period and what was used in the last 72 hours, but I have been into Lebanon and seen the work which we are substantially funding and which is being done also by very many extraordinarily courageous Britons involved in the relevant charities and groups and so on there in order to try to clear up this whole area and to try to remove all the remaining munitions. Obviously that will take a period of some time. We have urged the Israeli government, and continue to urge the Israeli Government, to issue to the United Nations maps of where they believe any of this material could have been distributed at whatever time in the conflict. I certainly share the view, and I believe indeed the Israeli Government expressed concern when these allegations were first made, that there had been a misuse against regulations of some of this material and are themselves I believe holding an inquiry, which I do not think has yet reported. So certainly we share the concern that you have expressed if events of the kind that are being suggested took place. As to the issue of the final 72 hours, I think it is a fairly open secret that we were among those who would have liked, once the resolution was carried, the resolution to come into effect at once, and put such an argument. It was not our decision that there was a time delay between the resolution being carried at the United Nations and it being implemented and brought into effect.


 
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