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Baroness Miller of Hendon: My Lords, I am of course disappointed. I always think that it is important to have affirmative resolutions for such matters. However, I beg leave to withdraw the amendment.
Amendment, by leave, withdrawn.
Lord Sainsbury of Turville moved Amendment No. 35:
- Page 7, line 35, leave out from "which" to "; or" in line 36 and insert "is not made by virtue of section (Exceptions from the general restriction) (1)"
On Question, amendment agreed to.
Schedule [Purposes for making control orders]:
Lord Sainsbury of Turville moved Amendment No. 36:
- Page 9, line 7, leave out "equipment" and insert "goods"
The noble Lord said: My Lords, in moving this amendment, I shall speak also to Amendments Nos. 37 to 40. These are all minor amendments whose purpose is to ensure that paragraph 1 of the schedule is as comprehensive as possible. Noble Lords will remember that paragraph 1 was introduced by government amendment in Committee in order to put beyond any doubt the Government's ability to impose controls on all the firearms and other military equipment or technology that we currently control. That amendment responded to a concern that was raised by the noble and learned Lord, Lord Scott, on this issue at Second Reading.
In these minor amendments, we are essentially dotting our "i"s and crossing our "t"s, as it were, in order to ensure that paragraph 1 covers all military equipment and technology and all the equipment and technology that is designed to produce military equipment and technology.
Amendment No. 36 replaces the term "equipment", which is used in paragraph 1(1)(c) but which is not used elsewhere in the Bill on its own, with the more appropriate term "goods", which is used throughout the Bill. Amendment No. 37 ensures that controls could be imposed on equipment that is intended, designed or adapted for use in the development of military technology, as well as military equipment. Amendment No. 38 brings sub-paragraph (2) into line with sub-paragraph (1) by providing that transfer controls may be imposed in relation to technology for use in the development or production of military technology. Amendment No. 39 ensures that technical assistance controls may be imposed in relation to any of the goods and technology that are described in paragraphs 1(1) and 1(2). Amendment No. 40, by inserting the text in parentheses, brings the definition of "military technology" in sub-paragraph (4) into line with the definition that is already contained in that sub-paragraph of "military equipment"; by an oversight, the definitions that are currently in paragraph 1(4) are not completely aligned.
To sum up, these are all minor changes, which rationalise the definitions used in paragraph 1 of the schedule and ensure that paragraph 1 covers all equipment and technology that is designed for the development and production of military equipment and technology, as well as military equipment and technology as such. I therefore invite the House to support the amendments.
On Question, amendment agreed to.
Lord Sainsbury of Turville moved Amendments Nos. 37 to 40:
- Page 9, line 8, at end insert "or military technology"
- Page 9, line 9, at end insert "or
On Question, amendments agreed to.
Lord Campbell-Savours moved Amendment No. 41:
(b) technology intended, designed or adapted for use in the development or production of military technology."
Page 9, leave out lines 12 to 14 and insert—
"(a) any goods falling within sub-paragraph (1)(a), (b) or (c); or
(b) any technology falling within sub-paragraph (2)(a) or (b)."
Page 9, line 21, leave out from "includes" to "for" in line 24 and insert—
"(a) technology intended, designed or adapted for military use (whether or not in military use); and
(b) technology intended, designed or adapted"
After Schedule, insert the following new schedule—
Tenure of Office
1 (1) Subject to the provisions of this paragraph, a member of the Committee shall hold office for the duration of the Parliament in which he is appointed.
(2) A member of the Committee shall vacate office—
(a) if he ceases to be a member of the House of Commons;
(b) if he ceases to be a member of the House of Lords;
(c) if he becomes a Minister of the Crown; or
(d) if he is required to do so by the Prime Minister on the appointment, in accordance with section (Defence Exports Scrutiny Committee) of this Act of another person as a member in this place.
(3) A member of the Committee can resign at any time by notice to the Prime Minister.
(4) Past service is no bar to appointment as a member of the Committee.
Procedure
2 (1) Subject to the following provisions of this Schedule, the Committee may determine their own procedure.
(2) If on any matter there is an equality of voting among the members of the Committee, the chairman shall have a second or casting vote.
(3) The chairman may appoint one of the members of the Committee to act, in his absence, as chairman at any meeting of the Committee, but sub-paragraph (2) above shall not apply to a chairman appointed under this sub-paragraph.
(4) The quorum of the Committee shall be three.
(5) Procedures shall be agreed between the Committee and the Prime Minister for the discharge of functions of the Committee when either House was in recess.
Access to Information
3 (1) If a Secretary of State is asked by the Committee to disclose any information, then, as to the whole or any part of the information which is sought, he shall either—
(a) arrange for it to be made available to the Committee; or
(b) inform the Committee that it cannot be disclosed because it is sensitive information (as defined in paragraph 4 below) which, in his opinion, should not be made available under paragraph (a) above.
(2) The Secretary of State shall not make a determination under sub-paragraph (1)(b) above with respect to any information on the grounds of national security alone and, subject to that, he shall not make such a determination unless the information appears to him to be of such a nature that, if he were requested to produce it before a Select Committee of either House of Parliament, he would think it proper not to do so.
Sensitive information
4 The following information is sensitive information for the purposes of paragraph 3 above—
(a) information that would directly threaten national security subject to paragraph 2 above;
(b) information that involves operational considerations in crises or conflicts;
(c) information provided by, or an agency of, the Government of a territory outside the United Kingdom where that Government does not consent to the disclosure of the information;
(d) information prejudicial to the operations of a government department.
Stage 1 notification of licence applications
5 (1) Subject to paragraph 3(1), the Secretary of State shall notify the Committee of a licence application prior to determining that application under section 1, 2, 3 or 4 of the Export Control Act 2002.
(2) For the purpose of paragraph 5(1), the Secretary of State will not be required to notify before a determination of an export licence if—
(a) the licence application is for export to a NATO state and other close allies, on the basis of a list of criteria to be agreed between the Committee and the Secretary of State,
(b) the licence application is not for any equipment specified in Part I of Schedule 1 to the Export of Goods, Transfer of Technology and Provision of Technical Assistance (Control) Order, and
(c) the licence application is not circulated to other departments.
Stage 2 notification of licence applications
6 (1) The Committee may request the Secretary of State provide supplementary information regarding a licence circulated to the Committee under paragraph 5(1) within a period of ten working days from the receipt of the information.
(2) Information circulated to the committee under this section shall be considered classified.
(3) It will be an offence to disclose or authorise the disclosure of information received under sections 5 and 6 unless disclosure is authorised by the Secretary of State.
Delay
7 (1) On receipt of information provided by the Secretary of State under paragraph 6(1), the Committee shall advise the Secretary of State of its opinion within ten working days unless an extension is granted by the Secretary of State.
(2) The Secretary of State will not be restricted by paragraph 6(1) if in his opinion a contract may otherwise be lost.
Conflict of interest
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