Middle East
Lord Faulks Excerpts(3 weeks, 4 days ago)
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Lord Kennedy of Southwark (Lab Co-op)
We will hear from the Cross Benches next and then from the Conservative Benches.
Lord Faulks (Non-Afl)
My Lords, the Leader referred to a “clear legal mandate” that would be needed by our troops if they were to act in the defensive way in which the Government have said that they may be able to do. I looked at the summary of the Government’s legal advice, which was rather restricted to
“acting in self-defence is the only feasible means to deal with an ongoing armed attack and where the force used is necessary and proportionate”.
Does the Leader think that that is a “clear legal mandate” that can be given by officers to troops whom we ask to go into dangerous situations?
Baroness Smith of Basildon (Lab)
My Lords, that is a summary of the UK’s legal position. The Prime Minister will have looked at all the legal advice that he received. The noble Lord knows that we do not publish all the legal advice, but the information that the Prime Minister had will have given him confidence that there was a clear legal mandate for us to make the decision that we have to support America and Israel in their defensive role of protecting British citizens and safety in the region.
Cluster Munitions Convention: Article 21
Lord Faulks Excerpts(9 months, 2 weeks ago)
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Lord Collins of Highbury (Lab)
I did not say the noble Lord was incorrect—I think Hansard would prove that; I said that he may have more information than I have. We are in the middle of a very detailed spending review. While the outlying figures are out, the department has to go through a programme-by-programme process to determine how we meet the commitment of ODA. I did not say that he was misleading. One thing I am determined to do is to ensure that we use all levers available to us. It is not limited to ODA, and it is not limited to our diplomatic efforts and working with allies. We should be more innovative in how we develop and deliver these programmes, including with the private sector.
Lord Faulks (Non-Afl)
My Lords, the Government have rightly made it clear that we should be prepared for conflict if necessary. Unfortunately, they, and indeed the previous Government, have gathered a reputation for so-called legal freeloading, in other words, being restrained by an interpretation of international law which has often made it difficult for our troops to perform in the way they would want. Can the Minister assure me that there has been a thorough analysis of our legal obligations in the face of the possibility of war, so that our troops, as well as facing difficulties that they are bound to face, do not find themselves walking into a legal minefield?
Lord Collins of Highbury (Lab)
Let me be absolutely clear to the noble Lord: ratification of the CCM and subsequent removal of cluster munitions from our inventory does not constrain UK military capability nor prevent interoperability with allies. The UK has successfully developed alternative systems and policies that have allowed for effective operation with our allies since ratification in 2008, including in combat. The strategic defence review was clear that the United Kingdom Armed Forces will be a more lethal, integrated force, equipped and ready for all future challenges.