Scrutiny of Arms Export Controls (2009): UK Strategic Export Controls Annual Report 2007, Quarterly Reports for 2008, licensing policy and review of export control legislation - International Development Committee Contents


Examination of Witness (Question 160-179)

BILL RAMMELL MP, MS JO ADAMSON AND MR ANDREW MASSEY

22 APRIL 2009

  Q160  Malcolm Bruce: Minister, the UK Government has argued strongly the case for an international arms treaty, although there have obviously been hiccups along the way. My understanding is that the General Assembly has set up a series of meetings, six one-week meetings starting in March, with the next one in July. Can you give us an indication of what has happened in those meetings and what the preparations are for the next one?

  Bill Rammell: You know that we have led the way in calling for an arms trade treaty, and if we can get it, and get it in the way we want, that can be a significant step forward for populations of peoples whose lives are terrorised and made unstable by the trade in such weapons. Through the European Union we are funding a series of regional seminars in West Africa, starting in April, to build support for the arms trade treaty. We have had the first meeting of what is called the Open-Ended Working Group, and the second one will take place in July.

  Q161  Malcolm Bruce: Are those meetings in Africa a UK-Government initiative?

  Bill Rammell: European Union.

  Q162  Malcolm Bruce: They are separate from the OEWG but feeding into it?

  Bill Rammell: That is right. We are working through the Open-Ended Working Group and bilaterally with countries across the world to try and garner support for the ATT. We launched this process back in September. We then had an event back in October or November where we brought the Diplomatic Corps together at the Foreign Office to seek additionally, on top of what we were doing in different countries, to try and get the message across.

  Q163  Malcolm Bruce: NGOs and many others, obviously as a principle would support what the Government is trying to achieve, and I do not think there is any disagreement on that front; but they are a little sceptical as to what will be determined in the end, given the number of countries that are reluctant to get involved or not support it. The suggestion is that the treaty might include the Conventional Weaponry for UN Register of Conventional Arms and small arms and light weapons, and this is regarded as a rather low threshold; so from the UK Government's point of view would you support this seven-plus-one treaty, or do you have a higher aspiration? I am not asking you to reveal your negotiating hand, but it is important to indicate how high you are aiming, and your view of the danger of getting to what might be regarded as the lowest common denominator.

  Bill Rammell: I think that is an absolutely legitimate concern, and I understand where it is coming from. The reality that the Government politics and certainly international negotiations are the art of the possible and you have to pursue this with partners, but we most certainly do not want a weak treaty and will do everything in our power—and I do have a difficulty without revealing a negotiating hand—to ensure we set the threshold as high as possible. If, at the end of the day, we get a weak treaty that does not make a material difference, I would regard that as a failure.

  Q164  Malcolm Bruce: It is worse than that, is it not, because it provides cover for continuing trade?

  Bill Rammell: Yes.

  Q165  Malcolm Bruce: In December 2008—and the date is important of course—at the UN Assembly meeting the US voted against and 19 countries abstained. Obviously, there has been a change of administration in the US, and some of the rhetoric has also changed, but perhaps you are in a better position than I am to say whether you feel there is a substantively different approach coming from the United States? Obviously, voting against the working group is a pretty destructive position. Have they shown any indication of being prepared to engage, or any change of tone, and what effect might that have on the other 19 who were reluctant?

  Bill Rammell: I think I would say it is work in progress. If you go to the first meeting of the Open-Ended Working Group the US delegate was far more constructive than had previously been the case—and this was a delegate under the Obama administration compared to the Bush administration. Whereas previously the response—and we were talking about this yesterday—had been, "no, no, no", the response instead was, "let us be realistic; what is achievable; how can we do this?" That is just a straw in the wind, as it were, but I do regard that in tonal terms as a constructive change. The Foreign Secretary discussed it with Secretary of State Clinton. We are pursuing this at official level and I will be in Washington the week after next to discuss it with my counterpart. This is going to be a tough challenge, but we do have a significant degree of support. The merits of the case are extremely strong. When I hosted the event back in November at the Foreign Office what was interesting was that on the platform I was not only joined by NGOs but I was joined by representatives of British arms export manufacturers, who can actually see that if we get this right it not only stops the illegitimate arms trade but it provides a proper platform for legitimate arms trade. We have a very strong argument to make, and I am hopeful that we can make progress.

  Q166  Malcolm Bruce: Are the United States likely to be engaged on anything more than seven-plus-one, the point being that you can use all kinds of other equipment, which is not within the seven-plus-one but nevertheless is potentially very destructive? I appreciate that you are in a negotiating position, but at the moment they are not prepared to engage in any treaty. Is it possible to have a treaty that has real reach without the United States; and is there not the danger that if the United States engage, they drag the bar down rather than raise it up?

  Bill Rammell: I will bring Jo in, but I would just say that the response from the US delegate at the Open-Ended Working Group I regard as constructive.

  Q167  Malcolm Bruce: So they are attending the Working Group, even though they voted against it being set up?

  Bill Rammell: Yes, and I welcome that fact. As I say, the tone of the comments was not "no, no, no," it was, "let us be realistic; what can we achieve?"

  Ms Adamson: I was at the meeting in New York and the delegate saved his intervention until the last day, and the fact of engaging had many delegates round the room saying, "Wow, that is a real change." The very fact of engagement is a big shift, but what you are finding in Washington is that the new administration has got a big agenda; it has got CTBT, FMCT and all the other things to work through its position on, so the fact that we do not yet have a very worked-through position back from the US is more indicative of other things that they are juggling with and getting officials into state departments. I personally was really struck by the change in tone from the delegate at that meeting, but you are right that we have now got to dig below what would be beyond engagement.

  Q168  Malcolm Bruce: If the United States is engaging, that is obviously good news. Are there any other states that would be a cause for concern? In other words, if we solve one problem does that just bring us into conflict elsewhere?

  Bill Rammell: The answer to that is "yes".

  Q169  Malcolm Bruce: Obviously, we know who they are but—

  Bill Rammell: But I am not sure that parading a list of those we need to do work with helps us.

  Q170  Malcolm Bruce: Is there any positive change in other areas?

  Ms Adamson: If the Americans are interested, that changes the dynamics a little bit anyway, certainly among the P5, I would say.

  Q171  Malcolm Bruce: Russia and China we are talking about.

  Ms Adamson: We have been banging our heads against the wall last year, but if you have this opening with the US being more positive and engaging, and thinking how we can make a treaty happen, rather than never, then the others look more interested automatically.

  Bill Rammell: Just one more positive straw in the wind with respect to the United States is the Arms Trafficking Treaty, in respect of guns to drug cartels, which President Obama has proposed. There is not an exact read-across, but it shows an openness to these international legal instruments that was not there in the past.

  Q172  Mike Gapes: Can I begin with President Obama's recent speech in Prague about a nuclear-free world and a complete marked shift of approach to the Bush administration: what is our Government's assessment of that speech, and particularly on the question of the Fissile Material Cut-Off Treaty, which was briefly mentioned by Jo?

  Bill Rammell: I think it is very encouraging. I think both the re-commitment to the start to the process, the reductions in the huge arsenals from both the United States and Russia, is a very positive step, and there is a willingness to look seriously at a Fissile Material Cut-Off Treaty on the part of the US. I said before to you that we have led the way in terms of nuclear disarmament—a 50% reduction over a decade. Bluntly, we need others to go further, and the indications from the Obama administration are very positive.

  Q173  Mike Gapes: As you know, we have the non-proliferation review conference next year. The European Union had a meeting in December about what are called "new lines of action to combat proliferation of weapons of mass destruction". I understand that the Government is supposed to bring forward proposals on the follow-up to that meeting. What action are we planning to take to ensure that our country meets the target of achieving the objectives of the new EU lines of action by 2010?

  Bill Rammell: We are currently working towards the creation of our national implementation plan in relation to the new lines of action, and that plan is due this summer, so we can hit the 2010—

  Q174  Mr Borrow: When you say "summer" does that mean July or October?

  Ms Adamson: We have said we should try and have something towards the end of June. We have got together with officials from other Government departments and worked on the plan. Given that our own target is June, it is not late summer, it is more before summer!

  Bill Rammell: To add to that—and again I would say it, would I not—we would regard it as part of the leading pack on implementation on these issues. The whole point of the new lines of action is to ensure that every European Union state is up to that standard. That is why, in addition to the six-monthly strategy progress report, we have asked for a frank analysis of EU achievements against the new lines of action, so we can look at what progress is being made throughout Europe.

  Q175  Mike Gapes: Are the French on board with us on this, as the other nuclear weapon state within the EU?

  Bill Rammell: That is certainly my understanding.

  Ms Adamson: There was a seminar in Brussels last month, and the French were pretty active participants at the seminar. They have done quite a lot of internal reviews of their entire WMD structures across government, so they had quite an impressive plan, saying, "We have already done the following"—so my sense was "yes".

  Q176  Peter Luff: There is always the difficult question of dual use. Can we look at the European situation. Ian Pearson told us that there was a commission proposed on dual use being considered by the Council working group. Where have those decisions got to?

  Bill Rammell: This is the re-cast or amendment of the EU Dual Use Regulation. That has now been completed. The re-cast will go to the Council of Ministers on 5 May. There is then a publication period and it will come in to force 90 days after that publication.

  Q177  Peter Luff: So you know what change will come out of it. In particular is the UK going to be able to implement new brokering and transit controls to comply with UN Security Council Resolution 1540?

  Bill Rammell: Yes, it is proposed to extend the coverage of the regulation to transit trans-shipment, which effectively gives customs officers the additional powers to open consignments to ensure that they are actually what they say they are.

  Q178  Peter Luff: Are there any implications for domestic legislation here?

  Bill Rammell: It is an EU regulation, and in terms of best practice we are at the leading edge of this anyway.

  Q179  Peter Luff: I am going to ask you now two mutually contradictory questions, I appreciate. There are two quite separate concerns about dual use. The first is what we hear from the NGOs and indeed from defence manufacturers about levels of compliance in the dual use sector. They point to, "A sector of what should be a regulated industry operating wholly or outside the regulatory regime, which is clearly unacceptable." What do you feel about that?

  Bill Rammell: I do not think that is the case, but, look, there is a balance to be struck between the regulation you put in place and the way that that not only deals with a problem but then impacts upon legitimate trade. I think we have got the balance right, but it is something that we keep constantly under review, and there is a whole series of areas—for example, as the Export Control Act has been reviewed, where we have looked at it and received representations, and made changes to the processes.


 
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