Yemen

Brendan O'Hara Excerpts

Monday 19th December 2016 Commons Chamber

[Sir Michael Fallon]

The Saudis have made it clear that they used these munitions in a border area—just a few kilometres from the Saudi border—inside Yemen and they used them against a legitimate military target that may have been responsible for some of the attacks and deaths they had been suffering on their side of the border. They therefore state that, as they are not party to the convention, the use of these cluster munitions does not contravene international law. As for stocks, they have made it clear that they are not going to use UK-supplied cluster munitions in future, and we should all welcome that.

[Brendan O’Hara (Argyll and Bute) (SNP)]

Scottish National party Members have been clear for many, many months that there have been undeniable violations of international humanitarian law by Saudi Arabia in its conflict in Yemen. There is overwhelming evidence that the Saudis have been failing to conduct military operations lawfully, a situation that caused the US to join the Netherlands and Germany in suspending arms sales to Saudi Arabia very recently. Once again, the Saudi regime stands accused of routinely using cluster bombs against the Yemeni people; that is a weapon even this Government describe as “unjustifiable” because it is designed to kill and injure civilians. Today’s revelations are not particularly new, but unless the Government act immediately to end arms sales to Saudi Arabia the court of public opinion will find them guilty of collusion in violations of international humanitarian law.

I have a couple of questions: will the Secretary of State tell the House when he first saw the analysis confirming the UK cluster bomb? Is The Guardian article today correct in saying that he first saw it a month ago? If so, why is this House finding out only now, after it appeared in the press? His statement says that the cluster bombs were used against legitimate military targets and therefore did not contravene international humanitarian law, but how can we continue to do business with a regime that routinely uses cluster bombs against civilian populations? This country is a signatory to the treaty, which obliges us to stop other people using such munitions. Finally, what does a regime have to do—how many breaches of international humanitarian law must it commit?—before this Government deem it an unacceptable partner to deal in arms with?

[Sir Michael Fallon]

First, I am not sure that the hon. Gentleman was listening, as the United States has not suspended arms sales to Saudi Arabia—he is incorrect about that. The US has suspended one sale of munitions, but it continues to sell munitions generally to Saudi Arabia, and to supply aircraft and attack helicopters. Secondly, there is no evidence that cluster munitions have been routinely used in Yemen—on the contrary, this allegation stood out for what it is. It has been thoroughly investigated and, as a result of that investigation and of our pressure, we now have an undertaking that Saudi Arabia will not use cluster munitions of this kind in the future and indeed that it is now considering becoming a party to the convention.

The hon. Gentleman asked when I first became aware of the analysis that we were doing. My hon. Friend the then Minister for Defence Procurement told the House in May that we would look hard at this allegation, and we began our analysis, but of course we were not investigating this allegation; only the coalition could investigate it, because only the coalition had access to all the information that would be needed to see whether this particular allegation was justified. I concede that the investigation has taken a long time, but we now have the result, and we have the admission from the Saudi authorities that cluster munitions were used, together with the undertaking that they will not be used in future.