Sudan: Protection of Civilians

Brendan O'Hara Excerpts

Thursday 30th October 2025 Commons Chamber

[Stephen Doughty]

I can assure my hon. Friend of that. We support not only the work of the ICC, but those media organisations investigating these claims. I mentioned the UN fact-finding mission and the support we provide to specific NGOs on this matter. All parties must adhere to their obligations under international humanitarian law, and perpetrators of crimes must be held accountable. I share his absolute horror at some of the allegations we have been hearing in the past few days.

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

The massacre at the El Fasher hospital by the RSF is utterly barbaric and marks a new low in what was already a horrific conflict. Where is the international community in all this? What has happened to our duty to protect civilians from such atrocities? When was the last time that the Government carried out a joint analysis of conflict and stability in relation to Sudan? In the light of these events, are there plans to undertake another JACS assessment? Are the Government, as they did with Gaza, undertaking an assessment of the risk of genocide in Sudan?

[Stephen Doughty]

As I have said, we keep all these matters under close assessment. We are leading international diplomatic efforts. Indeed, that is why we have called an urgent meeting of the Security Council today as the penholder. We continue to work with all parties to try to bring an end to this conflict. I will happily come back to the hon. Member on the specific assessment that he asked about.

Gaza and Hamas

Brendan O'Hara Excerpts

Wednesday 29th October 2025 Commons Chamber

[Mr Falconer]

Due process is incredibly important. I have raised this specific case with the Israeli authorities. It is important that adequate explanations are provided where people are detained, particularly doctors who are providing vital, lifesaving work. We will continue to take this matter up with the Israelis.

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

Overnight, more than 100 Palestinian civilians were killed by Israeli airstrikes. Once again, innocent civilians are suffering a collective punishment, this time imposed for breaches of the ceasefire by Hamas. Unless this Government believe that all Palestinian civilians are Hamas and are therefore legitimate targets, the Minister must unequivocally condemn these attacks on innocent civilians. Will he unequivocally condemn those attacks and call them what they are: an egregious breach of international humanitarian law?

[Mr Falconer]

I think I have covered those questions already in this session, but let me be absolutely clear: all Palestinians are very clearly not part of Hamas. So many Palestinians want to see an alternative. They want to see this process succeed and to see the ceasefire hold, and that is where our focus is.

Qatar: Israeli Strike

Brendan O'Hara Excerpts

Wednesday 10th September 2025 Commons Chamber

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

Israel’s bombing of Doha was the action of a state that knows it can act with complete impunity. Once again, the Netanyahu regime has shown that international law simply does not apply to it, and as long as this Government ignore the overwhelming evidence of the genocide in Gaza, so that they can profit from the sales of weapons to Israel, that situation will continue. Will Minister tell us—unless this is just another example of the performative condemnation that we have seen so often from this Government—what exactly the consequences will be for Israel for this egregious attack on Qatar?

[Mr Falconer]

I have set out some of the steps that we are taking in relation to this strike, including supporting an emergency session of the UN Security Council and having discussions with our allies, including the E3, which the Foreign Secretary will undertake shortly. I would not wish to be drawn further as we discuss this very important incident with our allies. I take issue with the hon. Gentleman’s characterisation. The conflict in Gaza is not a question that relates primarily to UK arms. We are a tiny supplier of residual arms. We have suspended the sale of all of those arms that could be used in Gaza. There are other states with much fuller arms relationships—[Interruption.]

[Brendan O’Hara]

The figure is 15%.

[Mr Falconer]

The hon. Gentleman says “15%”, when in fact he means 15% of components of the total F-35 supply. The truth about the total supply to Israel is that it is less than 1%.

Actions of Iranian Regime: UK Response

Brendan O'Hara Excerpts

Monday 7th July 2025 Commons Chamber

[Mr Falconer]

I would be—[Interruption.] There is an amusing degree of lightness from the Opposition Benches about security matters. I would be delighted to discuss this matter further. The question at issue in the Jonathan Hall report is the state threats proscription-like tool. I accept that the name is rather clunky, but it is focused on the fact that a state, in this case, has proved a persistent threat in the UK, using methods unlike those usually employed by a state. I will not say very much more about that, but Jonathan Hall has identified a gap and it is that gap that we are seeking to fill. I will be happy to meet my hon. Friend to discuss the issue further.

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

Last week, in the most tawdry and cynical fashion, a decision—born in anger and driven by revenge—was bulldozed through this House. I wonder: while the Government were discussing proscribing Palestine Action, did the Minister or any of his Foreign Office colleagues advise that Iran’s Islamic Revolutionary Guard Corps could also be added to the proscribed list? If they did not, why not? Perhaps he could explain to the House why his Government consider the IRGC to be less of a threat to our national security than Palestine Action.

[Mr Falconer]

In my last answer, I tried to illustrate why proscription of the IRGC is a complicated question, given gaps in the existing legislation. That is one of the reasons why Jonathan Hall has done his review. We are committed to taking forward his recommendations.

Oral Answers to Questions

Brendan O'Hara Excerpts

Tuesday 24th June 2025 Commons Chamber

[Mr Lammy]

This case and Laila’s condition concern me greatly. It has been a top priority every week that I have been in office. At every single level—Prime Minister, Foreign Secretary, Minister, National Security Adviser—we are engaged with the Egyptians. I believe that our strategy is working, but clearly, given Laila’s health, we must see progress at pace with the Egyptian Government.

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

I recall the right hon. Gentleman, before he became Foreign Secretary, asking the previous Government what “diplomatic price” Egypt had paid for the arbitrary detention of Alaa, before demanding that “serious diplomatic consequences” should be put on Egypt should it not release him. Alaa’s mother is now 278 days into a hunger strike and is critically ill, so let me ask him this: since he became Foreign Secretary, what diplomatic price has Egypt paid, and what serious diplomatic consequences can he point to that Egypt has been forced to pay since July last year?

[Mr Lammy]

I can reassure the hon. Gentleman that I remain in close touch with Laila and the family, and that this is a No. 1 priority for me and I expect to see Alaa released. I gently remind the hon. Gentleman that he has stood up time after time to raise his concerns about Gaza, and he will understand that if he wants the UK Government to have an effect in Gaza, we must have relations with the Egyptians.

Middle East

Brendan O'Hara Excerpts

Monday 23rd June 2025 Commons Chamber

[Mr Lammy]

I am grateful to my hon. Friend, and I recall that he also recognises the problems of that nuclear threat and nuclear proliferation. An assessment has not yet been made of the effectiveness of that military action, but he will have heard my remarks in relation to diplomacy. That is the way now, and it will be the way that we get beyond this current crisis.

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

We have now been here for an hour, and still the Foreign Secretary appears incapable of saying whether he supports or condemns America’s actions or whether he regards them as legal, and nowhere in his statement does the role of international law even merit a mention. Will the Foreign Secretary now take this opportunity to tell us whether he believes that America’s unilateral action was compliant with international law?

[Mr Lammy]

I must tell the hon. Gentleman that I qualified and was called to the Bar in 1995 and have not practised for the past 25 years. It is not for me to comment on the United States and legality. I refer him to article 51 and article 2 of the UN charter, and he can seek his own advice.

Iran-Israel Conflict

Brendan O'Hara Excerpts

Monday 16th June 2025 Commons Chamber

[Mr Lammy]

I have to say to the hon. Member, the story of Israel’s nuclear ability goes back some long way, to the 1980s—I remember studying this many years ago. We work with Israel, and we remain a country that does not want to see nuclear proliferation. We will do everything we can to ensure that others do not get nuclear capability in the region.

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

Let us be clear: there are no good guys in this conflict. The concept of pre-emptive self-defence does not exist in international law, and nor should it. Israel’s decision unilaterally to retaliate first has made the region—indeed the world—a much more dangerous and unstable place. To what extent does the Foreign Secretary believe that the impunity that Israel has enjoyed for previous acts of aggression and war crimes was a factor in Netanyahu’s decision to retaliate first?

[Mr Lammy]

We have had a very serious debate in this House so far that recognises the serious threat that Iran’s nuclear capability poses to the global community and the existential threat that the Israeli people are facing. I have been absolutely clear that diplomacy is the way. Donald Trump is urging a path back to diplomacy. The UK was of course not involved, but we have to be mindful about the many people in both Israel and Iran who are hiding in their bunkers, fearing the loss of their life.

Israel and the Occupied Palestinian Territories

Brendan O'Hara Excerpts

Tuesday 10th June 2025 Commons Chamber

[Mr Falconer]

Let me be really clear for the House: we are not selling arms—not bombs, not bullets—for use by Israel in Gaza. We have a carve-out in the F-35 programme in order to maintain the programme, which we and so many of our allies benefit from, but where F-35 parts were directly being sold to Israel, that trade is suspended. We are not providing the weaponry that is being used in Gaza. I reassure my hon. Friends that I and the Government do not think that the actions we have taken today will be the golden answer to getting aid into Gaza. They will not be the golden answer for securing a ceasefire. We will continue to work on all those fronts until we achieve progress.

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

Although we welcome the sanctioning of Ben-Gvir and Smotrich, that should have happened a long time ago, and we now need to go much, much further. Further to the previous question, today’s announcement highlights the absurdity of the Government’s position. The Foreign Secretary recently described those Ministers’ views as “repellent” and “monstrous” and today’s statement accepts that Israel is guilty of human rights abuses and is in flagrant breach of international law. On what basis—legal or moral—can the Government continue to supply F-35 components, knowing that the end user will be a regime that they themselves have condemned for espousing repellent and monstrous views, and which they now accept is guilty of human rights violations and is in flagrant breach of international law?

[Mr Falconer]

For the purposes of time, I will not address the legal questions, not least given that they are being considered by a judicial review. We are confident that the limited carve-out we have done to maintain the functioning of the F-35 programme, which is vital to our national security and that of so many of our allies, is legal, proportionate and moral, and we will continue to fight that case in court.

Israel and the Occupied Palestinian Territories

Brendan O'Hara Excerpts

Tuesday 20th May 2025 Commons Chamber

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

May I repeat the question asked by the hon. Member for Bristol Central (Carla Denyer), which went unanswered? Last week, 65 members of nine political parties in both Houses wrote to the Prime Minister, asking him to publish the most recent genocide assessment—the one that persuaded him to send his lawyers to the High Court to argue that

“no genocide has occurred or is occurring”.

Will the Government now publish that assessment, so we can all understand how on earth they arrived at the conclusion that the horrors we have witnessed, day in, day out, for months in Gaza do not constitute a genocide?

[Mr Lammy]

I answered that question earlier. I made a sober assessment, based on whether there was a clear risk from our export licensing, and I stand by the statements that I have made.

Gaza: UK Assessment

Brendan O'Hara Excerpts

Wednesday 14th May 2025 Commons Chamber

[Mr Falconer]

I remind the House of the decisions that we took last year. We have discussed the question of the F-35 global spares pool. The basis on which we made a carve-out is clear and has been debated many times. Let me be clear: aside from that carve-out, when we came into government, we took on the solemn duty of making an assessment, which did not appear to have been made, of the serious risk of potential breaches of international humanitarian law. We then suspended arms export licences where those weapons could be used in such conduct—that means in Gaza, on the west bank, and in relation to all the areas where those risks accrued. We took far-reaching action. That action is still in place, and we continue to conduct those assessments.

I can understand why many Members may feel frustrated by the F-35 carve-out. Perhaps they also feel frustrated about our continuing to sell arms that do not risk a violation, according to the assessment that has been much discussed here. We think it right that we, for example, continue to provide body armour that might be used by non-governmental organisations in Gaza, or provide parts of the supply chain that could end up in the hands of NATO allies. We have taken far-reaching action on arms. That is important work that we are proud of.

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

I have just returned from the High Court this morning, where Government lawyers will argue, in defending the continued supply of F-35 components, that the evidence available does not support a finding of genocide, and that there is a

“tenable view that no genocide has occurred or is occurring”.

It appears that the Government—whether they have told the Minister so or not—have already made a determination, and that explains why they have no intention of asking for an independent assessment of whether a genocide is likely. The Government know that if they did ask for one, it would reveal an unpalatable truth that would prevent them from supplying Israel with the weapons that it needs to continue its merciless onslaught. It really is as grubby as that, isn’t it, Minister?

[Mr Falconer]

It is not as grubby as that. First, we will not litigate an ongoing legal case in the Chamber, as Members would expect. A judicial review on the F-35 element is happening over these days. The judge will find on that, and we will respect the judgment. Let me be absolutely clear to the hon. Gentleman: we continue to conduct assessments across a full range of responsibilities under international law. It is simply not true to suggest that we are avoiding making any internal assessment in order to justify policy. We continue to assess these things carefully. We do it on a rolling basis, regularly. What he says is simply not true.