Israel: Arms Sales

Baroness Chapman of Darlington Excerpts

Thursday 5th September 2024 Lords Chamber

[Lord Bellingham]

To ask His Majesty’s Government what representations they have received following their announcement to restrict certain arms sales to Israel.

[The Parliamentary Under-Secretary of State, Foreign, Commonwealth and Development Office (Baroness Chapman of Darlington) (Lab)]

My Lords, as was expected and as is understandable, the range of reactions to our suspension of some export licences to Israel illustrates the depth of feeling about the conflict. Our licensing criteria state that the Government will not issue export licences if there is a clear risk that they might be used to commit or facilitate serious violations of international humanitarian law. We have concluded that there is a clear risk. Our priority remains achieving a ceasefire in Gaza with hostages released, civilians protected and aid flooding in.

[Lord Bellingham (Con)]

My Lords, I am grateful to the Minister for that reply, but will she reflect on the fact that this announcement coincided with the cold-blooded and barbaric murder of six Israeli hostages by Hamas? What sort of message does this send to Hamas and its backers in Iran? Also, what does it say to Israel, a democratic ally, which is basically being accused by us of being a rogue state when it is defending itself against terror?

May I ask the Minister a question about licences? Out of 350, only 30 have been suspended, on the grounds of humanitarian problems and the treatment of detainees, but surely if there was a serious legal problem, they would have all been suspended. Can the Minister confirm to the House that this decision was based specifically on legal advice and not on internal Labour politics?

[Baroness Chapman of Darlington (Lab)]

If the noble Lord wants to talk about internal Labour Party politics, he has come to the right place. I have spent a lot of time on this topic, and I can assure him at this Box—and he must hold me to this—that this decision had nothing to do with internal Labour Party politics, and neither should it.

On the 30 licences, as the noble Lord is probably aware, there are a number of licences. Not all the items the licences are subject to could be used either in Gaza or for actions that might compromise international humanitarian law, such as food-testing kits. That is the reason why 30 specific licences have been dealt with as they have.

[Lord Blunkett (Lab)]

My Lords, had all the licences been suspended, the accusation from the Benches opposite would have been valid. It is because those 320 licences have not been suspended that we are assured that we are prepared and willing to help Israel defend itself against Iran or Hezbollah, or whatever external forces may be intent on destroying the State of Israel. Does my noble friend not agree that that confirms that this process has been entirely proper?

[Baroness Chapman of Darlington (Lab)]

This decision came at the conclusion of a process which the Foreign Secretary initiated upon his appointment, where a review was commenced. The earliest opportunity to make both Houses aware of the conclusion of that review was on the first day we returned, earlier this week, and that is the reason for the timing of the announcement.

[Baroness Deech (CB)]

My Lords, yesterday the House debated a new Holocaust learning centre in Westminster and much was made of the vacuous statement “never again”. Today we hear of support for arms for Ukraine. We supply them to Turkey, Saudi Arabia and other countries that kill their opponents. Why do the Government undermine protection for a state that needs them for self-defence to combat murderous terrorists whose avowed aim is to kill Jews? Has she read the American book? Everyone loves dead Jews; the living, not so much.

[Baroness Chapman of Darlington (Lab)]

My Lords, the UK remains and will always be committed to supporting Israel’s security and wider regional stability. The Foreign Secretary reaffirmed this with his Israeli counterparts on a recent visit to Tel Aviv on 19 August with the French Foreign Minister, and our position has not changed in this respect. We continue to support Israel’s right to defend itself and to take action against terrorism, provided it does so in accordance with international law.

[Lord Howard of Lympne (Con)]

My Lords—

--- Later in debate ---

[Lord Howard of Lympne (Con)]

I am grateful to the noble Lord. The Foreign Secretary in his Statement said that the commitment to comply with international humanitarian law is not the only criterion in making export licensing decisions, and he justified the decision to exempt the F35 equipment on other criteria. So does it not clearly follow from that the Government could, had they wished, have decided against a ban on the ground that Israel is acting in self-defence against an organisation committed to its destruction and recognised by our own Government as a terrorist organisation? In the light of that, will the Minister now accept that when she told your Lordships’ House on Tuesday that the Government were required to suspend certain export licences, what she said was both factually inaccurate and grossly misleading?

[Baroness Chapman of Darlington (Lab)]

No, I do not accept that. The legal test we have is that there is a clear risk, and the advice we received was that in the case of these 30 licences it could present a clear risk—not that it has done, not that there is a breach, but that there is a clear risk. This is not an embargo on sales of arms to Israel. I am fairly confident that the noble Lord will know that the case of the F35s is different. We supply components which are part of a global supply chain, and stopping those components being provided could cause very difficult disruption and there would be an impact on global security.

[Lord Purvis of Tweed (LD)]

My Lords, we support the Government’s moves regarding the situation in Gaza, but I hope all parts of the House have been shocked by the extreme violence of the outpost settlers in the West Bank. The outpost settlers are acting contrary to international law but also to Israeli law. Shin Bet’s director said in August that the violence was being provided to support legitimacy and praise by extreme elements of the Israeli Government. Will the Government assure the House that they are looking at potential restrictions of licences and sanctions of those parts of the Israeli Government which are actively, under the decision by the internal security service of Israel, facilitating the outpost settler violence?

[Baroness Chapman of Darlington (Lab)]

All I am going to say on that for today is that we recognise Israel’s need to defend itself against security threats, but we are deeply worried about the methods that have been employed and by reports of civilian casualties and the destruction of civilian infrastructure, and by the ongoing military operation in the West Bank and the attacks there. It is in no one’s interest for further conflict and instability to spread in the West Bank. The risk of instability is serious; there is a need for de-escalation and that need is urgent.

[Lord Turnberg (Lab)]

My Lords, I am sure that the decision to reduce arms supplies to Israel will offer great encouragement to Hezbollah, Hamas and Iran. In view of the importance of that decision, can we see the full details of the advice that the Government received which led them to this very unfortunate decision?

[Baroness Chapman of Darlington (Lab)]

My Lords, I encourage my noble friend to read and consider the summary published alongside the Statement on Monday. That will probably answer many of his concerns.

[Baroness Goldie (Con)]

My Lords, further to my noble friend Lord Howard’s question, I recall, when I was a Minister in Defence, having to look at export licence applications and requests. You had to determine what was being supplied, make a linkage to where it was going and then make a reasoned assumption as to what it might be used for. To the best of our ability, we tried to apply these tests objectively. I do not recall any reference to other criteria entering that assessment process. When did this change?

[Baroness Chapman of Darlington (Lab)]

The assessment process has not changed; this assessment was made on the basis of clear risk and our ability to have sight in theatre of what was being done, alongside reports about issues of aid and treatment of detainees. I believe this is consistent with the approach taken by the previous Government. We have not had sight, rightly, of the legal advice provided to them and their decisions are for them to comment on—we make no criticism of or comment on that. The decision we made was based on the advice we received.