Lord Howard of Lympne

Paragraph 21.27 of Erskine May states:

“By long-standing convention, observed by successive Governments, the fact of, and substance of advice from, the law officers of the Crown is not disclosed outside government. This convention is referred to in paragraph 2.13 of the Ministerial Code. The purpose of this convention is to enable the Government to obtain frank and full legal advice in confidence.”

This is known as the Law Officers’ Convention and it applies to your question.

I addressed this in the House of Lords on 16 October reiterating our position. The UK's Strategic Export Licensing Criteria state that the Government will not issue an export licence if it determines there is "a clear risk" that the items might be used to commit or facilitate a serious violation of international humanitarian law. On 2 September, following a review of Israel's compliance with and commitment to international humanitarian law, the Government determined that there was "a clear risk", and took the decision that the UK would suspend relevant arms export licences to Israel which could be used for military operations in Gaza. The suspension will not change the UK's support for Israel's right to self-defence in accordance with international law. The decision will be kept under review.