Export Licences: High Court Judgment

Andrew Mitchell Excerpts

Thursday 20th June 2019 Commons Chamber

[Dr Fox]

The hon. Gentleman asks an important key question on the specifics. Of course, criterion 2c is a predictive element. We have to look at what we think the future risk is in granting licences, and we take into account all the information that we have had, not least since the last licensing period decision that we have looked at. That takes into account all the sources I have already given him. He asks about the wider issues. I want to make it clear to the House that in reaching the decisions, I have to rely on advice from those with specialist diplomatic and military expertise, but the law does not permit me, in taking these decisions on licensing exports of weapons, to take into account the UK’s strategic economic, social, commercial and industrial interests. These are very important issues, but there are areas of wider policy and they are not areas that I am allowed to take into account when I take these particular decisions.

[Mr Andrew Mitchell (Sutton Coldfield) (Con)]

I have some sympathy with the position that my right hon. Friend has set out the Dispatch Box today. He will recall that I have had, to say the least, the most profound reservations over the past three or four years about the Government’s policy in respect of what is happening in Yemen. However, he will also know that I have never called for an arms embargo for the simple reason that it would have little humanitarian impact. Does he appreciate that the Master of the Rolls, Sir Terence Etherton, said in his judgment today that the Government

“made no concluded assessments of whether the Saudi-led coalition had committed violations of international humanitarian law in the past, during the Yemen conflict, and made no attempt to do so”?

That is the crux of the matter that is before the House today.

I say to my right hon. Friend and to the other members of the Government Front Bench that they should listen more carefully to what Parliament has said consistently in almost every debate on this matter over the past three years. As recently as Tuesday, there was a Westminster Hall debate marking the 70th anniversary of the arrangements that were made in respect of international humanitarian law. After all these investigations of breaches of international humanitarian law, the argument has been that it is wrong for Britain and one side of the conflict to mark their own homework. It is essential that such breaches are looked at by an accepted and impartial international force, such as the UN. If the Government had heeded the warnings from the House of Commons, they would not be in the position that they are in today.

[Dr Fox]

I agree with my right hon. Friend about the humanitarian costs involved in the conflict, and I also agree that there can be no military solution to this particular conflict. There can only be a negotiated and political solution. However, we do monitor allegations of IHL breaches, and we do take that into account when making decisions. Of course, the predictive nature of this process means that we have to look at the past pattern of behaviour, the information we have available, and what mitigations may have been put in place to ensure that any incidents are not repeated. We are unable to make absolute definitions about whether there has been a breach when we are not party to the full information, but we make those decisions based on the predictive element of criterion 2c and on the evidence that is available from both public and protected sources.