Export Licences: High Court Judgment

Alex Chalk Excerpts

Thursday 20th June 2019 Commons Chamber

[Dr Fox]

I have made it clear on a number of occasions how we come to decisions and the process of ministerial accountability in that. The Court of Appeal judged that the process needs to change in order to be lawful, but it also made the point that changing the process would not necessarily have led to different decisions from those arrived at by the Government.

I say to the hon. Lady that I took offence at the comments of the hon. Member for East Dunbartonshire (Jo Swinson), the Liberal Democrat spokesperson on this matter, when she said:

“Saudi Arabia is an enemy of British values, including human rights and the rule of law.”

Such sweeping generalisations show a lack of grasp of the detail and understanding of the complexities of international relations.

[Alex Chalk (Cheltenham) (Con)]

On the one hand, the Court of Appeal is saying that the British Government must investigate allegations of previous international humanitarian law violations before granting export licences but, on the other hand, the British Government are saying, “Look. That is very difficult for us to do, because some of these incidents take place in foreign countries thousands of miles away.” Does not the solution to this lie in the hands of the Saudi Arabian Government themselves? We must say to them, “If you want to buy our weapons, where allegations exist they must be properly and independently investigated, and those findings must be shared with us before licences are granted.”

[Dr Fox]

My hon. Friend makes an important point. The joint incidents assessment team was set up by the Saudi Government in February 2016 to help with that. It examines military activity in civilian areas to minimise possible civilian casualties and assesses the coalition’s rules of engagement. We have had input into that to ensure that the coalition is operating in a way that we would find acceptable.

Of course, we simply would not take that as being the end of the matter when it comes to information. As I have said, we look at a range of information from foreign Government sources, from our own Government sources, both those in the public domain and those that are restricted, and from NGOs and the media. It is in taking that complete picture that we are able to assess what we believe the risks to be, but we are always looking to see whether further sources of information may help to improve our decision making, alongside the decision making of our allies.