Syria and the Use of Chemical Weapons

Debate between Lord Arbuthnot of Edrom and Andrew Miller

Thursday 29th August 2013 Commons Chamber

[Mr James Arbuthnot (North East Hampshire) (Con)]

In common, I suspect, with all Members, I find this an exceptionally difficult issue. My constituents hate the idea of our getting involved in Syria, and so do I. As I said earlier, I have not yet made up my mind which way to vote, but the Prime Minister’s flexibility over the past couple of days has been extremely helpful.

I should like to look first at the legality of our taking action. The conversations that have been had with the media over the past few days have talked about Syria not having impunity for the use of chemical weapons. The word “impunity” implies that there is a new doctrine of punishment as a reason for going to war—not deterrence, not self-defence, not protection, but punishment. I believe that, if that is a new doctrine, it needs considerably wider international consensus than currently exists.

[Andrew Miller (Ellesmere Port and Neston) (Lab)]

The right hon. Gentleman is making an important point. The very last sentence of the Attorney-General’s advice says:

“Such an intervention would be directed exclusively to averting a humanitarian catastrophe, and the minimum judged necessary for that purpose.”

So there can be no new doctrine.

[Mr Arbuthnot]

I want to come to the Attorney-General’s advice. My right hon. and learned Friend is an exceptional lawyer, and therefore I have the temerity to question one aspect of what he says. The third of his conditions to be met for humanitarian action is that

“the proposed use of force must be necessary and proportionate to the aim of relief of humanitarian need”.

I believe that he needed to spell out an additional point that there must be a reasonable chance of success. Therefore, the legality of this action, in my view, depends entirely on the precise action proposed, and that we do not yet know. That is why the Prime Minister is absolutely right to say that we need to have a further vote in the House once it is clearer what action is proposed.