Israel: Arms Exports

Lord Howard of Lympne Excerpts

Tuesday 25th March 2025 Lords Chamber

Asked by

[Lord Howard of Lympne]

To ask His Majesty’s Government, further to the remarks by Baroness Chapman of Darlington on 3 September 2024 (HL Deb cols 1065-69), whether they had discretion not to suspend the arms exports to Israel which they suspended.

[The Parliamentary Under-Secretary of State, Department for Business and Trade and Department for Science, Information and Technology (Baroness Jones of Whitchurch) (Lab)]

My Lords, the assessment that there was a clear risk that certain UK exports might be used to commit or facilitate serious violations of international humanitarian law meant that such exports were no longer permitted under our strategic export licensing criteria, and were thus suspended. The SELC are statutory guidance, from which the Government may depart only when there is a good reason. Moreover, the UK’s international obligations, such as under the Arms Trade Treaty, remain binding on the UK under international law, irrespective of whether the SELC are being applied. My noble friend Lady Chapman was therefore quite correct to say that, under the criteria, the Government were required to suspend certain licences.

[Lord Howard of Lympne (Con)]

I thank the Minister for that answer but, when the Foreign Secretary announced the suspension, he was careful not to use the word “required”, and specifically referred to the fact that international humanitarian law was not the only factor to be taken into account. Whether one thinks that all arms exports to Israel should be suspended or no arms exports to Israel should be granted, surely we can all agree that Parliament must be given an accurate reason for the Government’s decision. Is not the very fact that the suspension is only partial proof that, contrary to what the noble Baroness, Lady Chapman of Darlington, told your Lordships on 3 September and subsequently, the Government had a discretion in this matter that they chose to exercise in a particular way?

[Baroness Jones of Whitchurch (Lab)]

I must reiterate that my noble friend Lady Chapman was absolutely correct to say that, under the criteria, the Government were required to suspend certain licences. The decision not to suspend the F35 licences was a departure from the criteria, and Ministers anticipated such a course when the criteria were introduced.

However, our international obligations remain binding on the UK under international law, regardless of whether the SELC are being applied. So, for example, our actions to depart from the SELC and continue the export of items for the F35 programme still have to comply with the Arms Trade Treaty. Article 7 of that treaty requires a balancing exercise, considering factors including the risk of serious violation of international humanitarian law and whether exports

“would contribute to or undermine peace and security”.

Exports are prohibited under this article unless the risk of negative consequences is overriding.

Finally, the Government have been clear about the international humanitarian risks in this case, but also that F35 licences cannot be suspended without serious prejudice to the entire programme and, therefore, to international peace and security. Thus, the exemption of F35 licences was a case-specific decision based on specific factors, while the suspension of other licences was mandated by the criteria.