Yemen

Chris White Excerpts

Thursday 12th January 2017 Commons Chamber

[Chris White (Warwick and Leamington) (Con)]

I am pleased to have secured this debate along with the hon. Member for Liverpool, West Derby (Stephen Twigg), and I thank the Backbench Business Committee for granting us this opportunity.

The conflict in Yemen between the Saudi-led coalition and the Houthi rebels has created grave instability and danger. Amnesty International has stated that the conflict has seen

“violations of international humanitarian law committed by both sides with impunity.”

UN reports suggest that around 60% of airstrikes during the war have been conducted by Saudi-led forces.

The Committees on Arms Export Controls had an inquiry last year into the sale of UK arms to Saudi Arabia. It is clear to me that there is an urgent need for the Government to suspend such licences, pending the results of an independent UN-led investigation into potential breaches of international humanitarian law. That was the position taken by the Business, Innovation and Skills Committee and the International Development Committee in the conclusion of their inquiry.

Meanwhile, the Government have repeated their view that the Saudis should be allowed to conduct their own investigations. Almost two years into the conflict, the Saudi-led joint incidents and assessment team has initiated only around 15 investigations. Saferworld estimates that the number of credible allegations to be “well over 100”. Furthermore, feedback by that team is limited to press releases and press conferences, rather than comprehensive reports.

During the Defence Secretary’s statement on 19 December, I asked my right hon. Friend to outline the circumstances under which the Government would pause arms sales to Saudi Arabia, to which the response was:

“If we have evidence that international humanitarian law had been breached”.—[Official Report, 19 December 2016; Vol. 618, c. 1224.]

I point to the devastating twin attack on a funeral hall in Sana’a in October, killing 140 people and injuring as many as 500. According to UN reports, the attacks were minutes apart, targeting a location where it was known that senior Houthi officials were assembling among families and children.

The US has since launched a review of that attack and cancelled a sale of precision-guided munitions worth around $350 million to Saudi Arabia, citing “systemic” and “endemic” problems with Saudi targeting in Yemen. For an attack to fail to distinguish between those fighting in a conflict and civilians gives serious weight to the argument that international humanitarian law has been broken.

The UK should be an example to the world in terms of our licensing regime, our commitment to the rule of law and our responsiveness to challenges. Criterion 2(c) of our arms export licensing regime forbids the authorisation of arms sales if there is a “clear risk” of a violation of international humanitarian law. In his response today, will the Minister outline at what point that threshold is met? The evidence that the Committees of Arms Export Controls heard last year was compelling in suggesting that there is very much a “clear risk”.

I have heard arguments that if we do not supply arms, a nation with a weaker licensing regime will do so instead. I pre-empt any such point today and suggest that that is no way to approach any situation, not least the sale of weapons. We must be accountable for our own actions, particularly if we are to be an example in cementing the rule of law into our practices. Such a position does not fulfil our obligations under the criteria and the law. Unless we wish to become one of these other weaker countries, we should maintain that position.

A legal opinion in December 2015 by Matrix Chambers argues that the sale of UK arms constitutes a violation of our obligations under national, EU and international law. I also pre-empt the widely recognised point that our strategic relationship with Saudi Arabia is one that must be maintained. I absolutely agree with that position, but that does not extend to our acting as its proxy defence. We pride ourselves on our relationship with Saudi Arabia, but it must not be a mechanism to deflect criticism, and our close ties should not be used to support otherwise.

[Graham Jones]

I am grateful to the hon. Gentleman for giving way. The primary subject of the debate is the people of Yemen who are suffering. That reflects my personal feelings. The objective is clear: a ceasefire, which is the only way to relieve the situation in Yemen. Stopping arms sales to Saudi is a bogus argument.

I put this to the hon. Gentleman: you have seen the arms sales from Putin and Moscow to Assad, and you have seen the devastation in Aleppo, so I find it incredible that you can make the argument about ethical arms sales and our ethical arms sales, and then allow Saudi Arabia, using our petrol pounds, to buy arms from whoever it wants. You see from Aleppo the devastation that could be caused if they bought Russian arms. That is a ridiculous argument.

[Chris White]

Thank you for the final point, but I suggest that where the hon. Gentleman talks about ethics he is missing my point entirely. This is not necessarily about ethics; it is about the rule of law and the criteria for our arms export licensing.

[Seema Kennedy]

My hon. Friend is being generous in giving way. I would echo the comments made by my Lancashire neighbour, the hon. Member for Hyndburn (Graham Jones). On the relationship with Saudi, does my hon. Friend not recognise that, through the good offices of Ministers such as the Minister who is in his place the behaviour of Saudi has changed? For example, it now accepts that it will no longer use cluster bombs.

[Chris White]

I will answer briefly by saying that the Government had already been in discussions with Saudi Arabia regarding cluster munitions—in 2010—but I do not think that the Saudi Arabian Government took a terribly large amount of notice of our Government’s persuasion until after the events when those munitions were identified.

[Stephen Doughty (Cardiff South and Penarth) (Lab/Co-op)]

The hon. Gentleman, the Chair of the Committee, is making a strong speech. Members on both sides of the House and Governments of both parties led the world in arguing for the arms trade treaty, including the previous Labour Government, who put the process in place, and indeed the other arms export control criteria, so that we have a rules-based system for our defence industry to operate within and one that adheres to humanitarian principles. Does he agree that that wider principle will be at stake if we do not adhere to it?

[Chris White]

I entirely agree with the hon. Gentleman.

[Several hon. Members rose—]

[Chris White]

I am sorry, but I am probably getting well past the Deputy Speaker’s patience.

To return to the statement made by the Secretary of State for Defence on 19 December and to the specific question raised by the hon. Member for Hyndburn, we learned the Government’s finding that British made cluster munitions had been used by the Saudi-led coalition in May 2016. That has a number of implications and is a cause for concern, and I challenge the Minister on the responsiveness of our arms exports licensing regime. It is unacceptable that an international ally used a weapon manufactured in Britain with complete disregard for the 2008 convention on cluster munitions, of which the UK is a signatory.

[Dr Paul Monaghan (Caithness, Sutherland and Easter Ross) (SNP)]

Will the hon. Gentleman give way?

[Chris White]

I will continue; my apologies. We will see. If I get a strange look, I might give way shortly.

We are duty bound by the 2008 convention to prevent the use of cluster munitions, so what steps were taken to convince the Saudis of our opposition to the use of such munitions and to convince them to decommission those weapons? I recognise that the Government have not sold cluster munitions to Saudi Arabia since 1989, but it is important to consider the durability of our munitions.

[Dr Monaghan]

We know that the UK Government stopped supplying cluster munitions to Saudi Arabia in 1989. However, we also know that the UK Government continued to maintain those horrific weapons until 2010. No doubt, the Minister will tell us why that contract was in place for 21 years, but does the hon. Gentleman not agree that the crucial point is that accountability should extend beyond simply sales to maintenance contracts?

[Chris White]

I agree with the hon. Gentleman that it will be interesting to hear the Minister’s response to that intervention.

The humanitarian crisis requires an urgent and comprehensive response from the international community. Everyone in the Chamber agrees with that. As each month goes by and casualties grow, the case for an independent, UN-led investigation of potential breaches becomes all the more compelling. From a UK perspective, and to protect our reputation as an example to the world in arms export licensing, it is right that we suspend our sale of arms to Saudi Arabia until such an investigation is completed.

[Several hon. Members rose—]