Arms Export Licences (Saudi Arabia)

Chris Law Excerpts

Thursday 26th September 2019 Commons Chamber

[Chris Law (Dundee West) (SNP)]

(Urgent Question): To ask the Secretary of State for International Trade if she will make an urgent statement on the recent unlawful award of arms export licences to Saudi Arabia, in contravention of a Court of Appeal ruling that determined that the UK must cease arms exports to the country.

[The Secretary of State for International Trade (Elizabeth Truss)]

Today, I will be tabling a written ministerial statement updating Parliament on the latest situation in relation to the undertaking given to the Court of Appeal on 20 June about export licences for Saudi Arabia and its coalition partners. As the Government informed the Court on 16 September and followed up with an affidavit today, my Department identified errors in the export licensing procedure in relation to the Saudi coalition’s activities in the conflict in Yemen.

As I stated publicly on 16 September, I unreservedly apologise for the export licences that my Department issued in error. I have also given my unreserved apology to the Court. A procedure to ensure that export licences for Saudi Arabia and its coalition partners are not granted for goods for possible use in the conflict in Yemen was put in place on 20 June 2019. That followed the Court order and the then Secretary of State’s statement to Parliament.

The Export Control Joint Unit subsequently issued export licences for Saudi Arabia and its coalition partners and, in line with the agreed procedure, these were signed off at official, rather than ministerial, level. It subsequently came to light that two licences were in breach of the Court undertaking, and one licence was granted contrary to the statement in Parliament, as these licences were for goods that could possibly be used in the conflict in Yemen.

Without seeking to prejudice the independent investigation, it appears that information pertaining to the conflict had not been fully shared across government. I took immediate action as soon as the issue was brought to my attention on 12 September: taking immediate steps to inform the Court and Parliament; putting in place immediate interim procedures to make sure the errors could not happen again; and instigating a complete and full internal review of all licences granted for Saudi Arabia and its coalition partners since 20 June. The Department’s permanent secretary, on my behalf, commissioned a full internal investigation.

The Court and Parliament were informed on 16 September with the appropriate detail, and the interim procedures mean that senior officials in the Department for International Trade, the Foreign and Commonwealth Office and the Ministry of Defence guarantee that the latest information available to the Government is used in their advice. All recommendations to grant licences for the export of items for Saudi Arabia and its coalition partners will now be referred to Ministers, rather than being signed off at official level. The full review of licences for Saudi Arabia and its coalition partners is currently being undertaken, and this internal review is still ongoing.

As a result of the internal review so far, we have identified one further licence that has been granted in breach of the undertaking given to the Court of Appeal. This licence has not been used and has now been revoked.

My officials are also carrying out an urgent review of the composition of the coalition. This has identified a further licence that is in breach of the parliamentary statement. We reassessed the licence in the light of the latest information and subsequently revoked it in so far as it applies to Jordan.

My officials continue to review all the information relating to licences granted for Saudi Arabia and its coalition partners since 20 June 2019, and we will be open and transparent with the Court and Parliament as to any new issues that emerge. In addition, the DIT permanent secretary, on my behalf, has commissioned a full independent investigation, which will establish the precise circumstances in which the licences were granted and whether any other licences have been granted in breach of the undertaking to the Court or contrary to the parliamentary statement, and it will confirm that procedures are in place so that no further breaches of the undertaking can occur.

This investigation will be led by an independent senior official: the director general of policy group for the Department of Work and Pensions. It is possible that more cases will come to light. As I have done so far, I will keep the Court and Parliament informed of any new information that emerges.

[Chris Law]

I thank the Secretary of State for her response. She made the shocking revelation that two further licences break the law and that more may yet be discovered, but I welcome her unreserved apologies for the errors, as they have been called, made so far.

The situation in Yemen is currently the biggest humanitarian crisis in the world, with half the country’s population at risk of famine and 22 million Yemenis in need of aid and protection. Although the UK has given £770 million in aid to Yemen over the past few years, the UK has earned eight times as much from arms sales to Saudi Arabia and its coalition partners. That is the result not of a so-called inadvertent error but of a shamefully incoherent foreign policy that has put profit ahead of upholding international humanitarian law.

The UK has licensed £4.6 billion-worth of arms to the Saudi military, which the United Nations has found to be directly accountable for an estimated 10,852 civilian casualties as of November last year. And now, despite the Court of Appeal ruling that the UK’s arms sales to Saudi Arabia were unlawful, the Secretary of State has approved arms export licences to the Royal Saudi Land Forces.

The Secretary of State has said:

“Given the fact that RSLF troops were deployed in Yemen at the time the licence was issued, this licence should not have been granted.”

How could there ever have been any doubt that the RSLF was in Yemen, given that it makes up more than half the Saudi armed forces, which have invaded Yemen by land? The situation is crystal clear.

The process that led to the licences being granted demonstrates the same carelessness and utter lack of regard for human life that has defined the UK’s arms sales to Saudi over the years. Rather than wasting time and money appealing the Court decision or lobbying other foreign Governments to resume weapons sales to Saudi Arabia, will the Secretary of State rescind these unlawfully granted arms export licences? Furthermore, does she take full responsibility for her Department’s unlawful award of arms export licences, in contravention of the Court of Appeal? If so, will she do the right thing and resign?

[Elizabeth Truss]

Clearly, the conflict in Yemen is a cause of great concern and we fully support the UN-led process to reach peaceful resolution. As the hon. Gentleman said, we have contributed £770 million of UK aid. What we are talking about today, however, are specific procedural issues relating to export licences.

We have a procedure that follows the consolidated criteria and is very clear about humanitarian law. In its judgment on 20 June, the Court of Appeal was very clear that we have in place a rigorous and robust process. The issue is how that process has been followed. That is why, when I was first informed of this issue, on 12 September, as Secretary of State I took immediate action to have an internal investigation into what had happened. I asked the permanent secretary to get a leader from another Department to fully investigate the process and to make sure that no such licences could be issued in error by putting in place a robust process. At the same time, I took immediate steps to inform the Court and Parliament. I have been completely open and transparent about what has happened.

This is a procedural issue. I do not want to prejudge the investigation, but the issue appears to be the sharing of information across government. That is why senior officials will now be asked to sign off on the advice that is put forward, and Ministers will be asked to sign off these export licences.