Syria and the Use of Chemical Weapons

Edward Miliband Excerpts

Thursday 29th August 2013 Commons Chamber

[Edward Miliband (Doncaster North) (Lab)]

I beg to move manuscript amendment (b), leave out from ‘House’ to end and add—

‘expresses its revulsion at the killing of hundreds of civilians in Ghutah, Syria on 21 August 2013; believes that this was a moral outrage; recalls the importance of upholding the worldwide prohibition on the use of chemical weapons; makes clear that the use of chemical weapons is a grave breach of international law; agrees with the UN Secretary General that the UN weapons inspectors must be able to report to the UN Security Council and that the Security Council must live up to its responsibilities to protect civilians; supports steps to provide humanitarian protection to the people of Syria but will only support military action involving UK forces if and when the following conditions have been met that:

(a) the UN weapons inspectors, upon the conclusion of their mission in the Eastern Ghutah, are given the necessary opportunity to make a report to the Security Council on the evidence and their findings, and confirmation by them that chemical weapons have been used in Syria;

(b) compelling evidence is produced that the Syrian regime was responsible for the use of these weapons;

(c) the UN Security Council has considered and voted on this matter in the light of the reports of the weapons inspectors and the evidence submitted;

(d) there is a clear legal basis in international law for taking collective military action to protect the Syrian people on humanitarian grounds;

(e) such action must have regard to the potential consequences in the region, and must therefore be legal, proportionate, time-limited and have precise and achievable objectives designed to deter the future use of prohibited chemical weapons in Syria; and

(f) the Prime Minister reports further to the House on the achievement of these conditions so that the House can vote on UK participation in such action, and that any such vote should relate solely to efforts to deter the use of chemical weapons and does not sanction any wider action in Syria.’.

I start by joining the Prime Minister in expressing revulsion at the killing of hundreds of innocent civilians in Ghutah on 21 August. This was a moral outrage, and the international community is right to condemn it. As the Prime Minister said, everyone in the House and most people in the country will have seen the pictures of men, women and children gasping for breath and dying as a result of this heinous attack. I can assure hon. Members that the divide that exists is not over the condemnation of the use of chemical weapons and the fact that it breaches international law; nor does it lie in the willingness to condemn the regime of President Assad. The question facing this House is what, if any, military action we should take and what criteria should determine that decision. That is what I want to focus on in my speech today.

It is right to say at the beginning of my remarks that the Prime Minister said a couple of times in his speech words to the effect that, “We are not going to get further involved in that conflict. This does not change our stance our Syria.” I have got to say to the Prime Minister, with the greatest respect, that that is simply not the case. For me that does not rule out military intervention—I want to be clear about this—but I do not think anybody in this House or in the country should be under any illusions about the effect on our relationship to the conflict in Syria if we were to intervene militarily. As I say, and as I shall develop in my remarks, that does not, for me, rule out intervention, but we need to be clear-eyed about the impact that this would have.

Let me also say that this is one of the most solemn duties that this House possesses, and in our minds should be this simple question: in upholding international law and legitimacy, how can me make the lives of the Syrian people better? We should also have in our minds—it is right to remember it on this occasion—the duty we owe to the exceptional men and women of our armed forces and their families, who will face the direct consequences of any decision we make.

The basis on which we make this decision is of fundamental importance, because the basis of making the decision determines the legitimacy and moral authority of any action that we undertake. That is why our amendment asks the House to support a clear and legitimate road map to decision on this issue—a set of steps that will enable us to judge any recommended international action. I want to develop the argument about why I believe this sequential road map is the right thing for the House to support today.

Most of all, if we follow this road map, it can assure the country and the international community that if we take action, we will follow the right, legitimate and legal course, not an artificial timetable or a political timetable set elsewhere. I think that is very important for any decision we make. This is fundamental to the principles of Britain: a belief in the rule of law and a belief that any military action we take must be justified in terms of the cause and also the potential consequences. We should strain every sinew to make the international institutions that we have in our world work to deal with the outrages in Syria.

Let me turn to the conditions in our amendment. First—this is where the Prime Minister and I now agree—we must let the UN weapons inspectors do their work and let them report to the Security Council. Ban Ki-moon, the UN Secretary-General, yesterday said about the weapons inspectors:

“Let them conclude their work for four days and then we will have to analyse scientifically with experts and then…we will have to report to the Security Council for any actions.”

The weapons inspectors are in the midst of their work and will be reporting in the coming days. That is why today could not have been the day on which the House was asked to decide on military action. It is surely a basic point for this House that evidence should precede decision, not decision precede evidence. I am glad that, on reflection, the Prime Minister accepted this yesterday.

Now it is true—some have already raised this issue—that the weapons inspectors cannot reach a judgment on the attribution of blame. That is beyond their mandate. Some might think that that makes their work essentially irrelevant. I disagree. If the UN weapons inspectors conclude that chemical weapons have been used, in the eyes of this country and of the world that will confer legitimacy on the finding beyond the view of any individual country or any intelligence agency. What is more, it is possible that what the weapons inspectors discover could give the world greater confidence in identifying the perpetrators of this horrific attack.

The second step in our road map makes it clear that there must be compelling evidence that the Syrian regime was responsible for the attack. I welcome the letter from the Chairman of the Joint Intelligence Committee today, and I note the Arab League’s view of President Assad’s culpability. Of course, as the Prime Minister said, in conflict there is always reason for doubt, but the greater the weight of evidence the better. On Tuesday we were promised the release of American intelligence to prove the regime’s culpability. We await publication of that evidence, which I gather will be later today. That evidence, too, will be important in building up the body of evidence to show that President Assad was responsible.

[Sir Malcolm Rifkind (Kensington) (Con)]

The Leader of the Opposition has said that he might be able to support military action of the kind that the Government are contemplating. He has put in his amendment a list of the requirements, virtually all of which, as far as I can tell, appear in the Government’s own motion. Why can he not, therefore, support the Government’s motion, in order that this House could speak with a united voice to the world on this matter?

[Edward Miliband]

I will develop in my remarks why I do not think that is the case. In particular, I would point to the fact that the Government’s motion does not mention compelling evidence against President Assad, and I will develop later in my remarks the fifth point in our amendment, which is very, very important—the basis on which we judge whether action can be justified in terms of the consequences.

The third step is that, in the light of the weapons inspectors’ findings and this other evidence, and as the Secretary-General said, the UN Security Council should then debate what action should be taken, and indeed should vote on action. I have heard it suggested that we should have “a United Nations moment”. They are certainly not my words; they are words which do no justice to the seriousness with which we must take the United Nations. The UN is not some inconvenient sideshow, and we do not want to engineer a “moment”. Instead, we want to adhere to the principles of international law.

[Martin Horwood (Cheltenham) (LD)]

I very much welcome the right hon. Gentleman’s doctrine that evidence should precede decision; that is a stark change from at least one of his predecessors. [Hon. Members: “Hear, hear.”] Does he believe that the evidence that has been presented to us today by the Joint Intelligence Committee is compelling or not?

[Edward Miliband]

I think it is important evidence, but we need to gather further evidence over the coming days. That is part of persuading the international community and people in this country of President Assad’s culpability, and I think that is important. Let me also come to the hon. Gentleman’s earlier point, though, because the Prime Minister raised it too. I am very clear about the fact that we have got to learn the lessons of Iraq. Of course we have got to learn those lessons, and one of the most important lessons was indeed about respect for the United Nations, and that is part of our amendment today.

On the question of the Security Council, I am also clear that it is incumbent on us to try to build the widest support among the 15 members of the Security Council, whatever the intentions of particular countries. The level of international support is vital, should we decide to take military action. It is vital in the eyes of the world. That is why it cannot be seen as some sideshow or some “moment”, but is an essential part of building the case, if intervention takes place.

[Andrew Selous]

rose—

--- Later in debate ---

[Toby Perkins (Chesterfield) (Lab)]

rose—

[Edward Miliband]

I give way to the hon. Member for Cambridge (Dr Huppert).

[Dr Huppert]

The Leader of the Opposition is right that the UN Security Council should not be just a sideshow, but why does his amendment merely say that the Security Council should have voted on the matter, rather than that it should have voted in favour of some intervention?

[Edward Miliband]

I will come directly to that question. It is because there will be those who argue that in the event of Russia and China vetoing a Security Council resolution, any military action would necessarily not be legitimate. I understand that view but I do not agree with it. I believe that if a proper case is made, there is scope in international law—our fourth condition—for action to be taken even without a chapter VII Security Council resolution. Kosovo in 1999 is the precedent cited in the Prime Minister’s speech and in the Attorney-General’s legal advice; but the Prime Minister did not go into much detail on that advice.

It is worth noting that in the Attorney-General’s legal advice there are three very important conditions. The first condition is that there must be

“convincing evidence, generally accepted by the international community as a whole, of extreme humanitarian distress”.

The second is that

“it must be objectively clear that there is no practicable alternative to the use of force if lives are to be saved”.

That is a testing condition, which we need to test out in the coming days and the coming period. Thirdly,

“the proposed use of force must be…proportionate…and…strictly limited in time”.

So the Attorney-General concludes in his advice—it is very important for the House to understand this—that there could be circumstances, in the absence of a chapter VII Security Council resolution, for action to be taken, but subject to those three conditions. That is the case that must be built over the coming period. These principles reflect the responsibility to protect, a doctrine developed since Kosovo which commands widespread support.

[The Prime Minister]

The right hon. Gentleman is right; I did not cover everything in my speech. I could have gone into more detail on the Attorney-General’s advice. The Leader of the Opposition mentioned the three conditions. I just thought for the clarity of the House, for those who might not have had time to read it, I would point out that the very next sentence of the Attorney-General’s advice is:

“All three conditions would clearly be met in this case”.

[Edward Miliband]

Well, that is the Attorney-General’s view—[Interruption.] That is the view that needs to be tested out over the coming period. Of course that is the case and a judgment will have to be made. Additionally, the responsibility to protect also demands a reasonable prospect of success in improving the plight of the Syrian people, and that responsibility is an essential part of making this case. That takes me to the final point of the road map we propose.

[Glenda Jackson]

I am referring to the fourth paragraph of our road map. My right hon. Friend has already touched on the fact that any action must be legal, proportionate and time-limited, but the amendment goes on to say that it must have “precise and achievable objectives”. Will he detail what those objectives are?

[Edward Miliband]

I am coming exactly to that point, which is that the Government need to set that out in the coming days. That takes me precisely to the final point of the road map. Any military action must be specifically designed to deter the future use of chemical weapons; it must be time-limited with specific purpose and scope so that future action would require further recourse to this House; and it must have regard for the consequences of any action. We must ensure that every effort is made to bring the civil war in Syria to an end, and principal responsibility for that rests, of course, with the parties in that conflict, and in particular President Assad.

[Mr Brazier]

Will the right hon. Gentleman give way?

[Edward Miliband]

I want to make a bit more progress.

The international community also has a duty to do everything it can to support the Geneva II process, and any action we take—this is the key point—must assist that process and not hinder it. That is the responsibility that lies on the Government and their allies—to set out that case in the coming period.

There will be some in this House who say that Britain should not contemplate action even when it is limited, because we do not know precisely the consequences that will follow. As I said, I am not with those who rule out action, and the horrific events unfolding in Syria ask us to consider all available options, but we owe it to the Syrian people, to our own country and to the future security of our world to scrutinise any plans on the basis of the consequences they will have. By setting a framework today, we give ourselves time and space to scrutinise what is being proposed by the Government, to see what the implications are.

[Mr Baron]

For the sake of clarity for the House, can the right hon. Gentleman tell us whether, if there was no UN Security Council resolution, the Labour Opposition would back military intervention?

[Edward Miliband]

It depends on the case that has been set out and the extent to which international support has been developed—[Interruption.] I say to hon. Members on the Government Benches who are making strange noises that it is right to go about this process in a calm and measured way. If people are asking me today to say, “Yes, now, let us take military action,” I am not going to say that, but neither am I going to rule out military action, because we have to proceed on the basis of evidence and the consensus and support that can be built.

[Paul Maynard (Blackpool North and Cleveleys) (Con)]

The hon. Member for Hampstead and Kilburn (Glenda Jackson) asked an important question that I feel the right hon. Gentleman did not answer fully. Paragraph (e) of the Opposition amendment refers to “precise and achievable objectives”, which I assume means that he has in mind precise and achievable objectives. Can he please detail what they would be?

[Edward Miliband]

Yes I can, because the amendment goes on to say,

“designed to deter the future use of prohibited chemical weapons in Syria”.

Paragraph (e) also states that

“such action must have regard to the potential consequences in the region”,

so any proposed action to deter the use of chemical weapons must be judged against the consequences that will follow. Further work by the Government is necessary to set out what those consequences would be.

[Mr Crispin Blunt (Reigate) (Con)]

On consequences, I am listening carefully to the Leader of the Opposition and he is effectively making a strong case against military action. The consequences of the military action envisaged are very unquantifiable, because the objectives are, frankly, pretty soft in terms of degrading and deterring and of the link between military effect and the actual effect on the ground. He has also linked this to the consequences for the Geneva II process, which can only be negative.

[Edward Miliband]

I am saying to the hon. Gentleman and the House that over the coming period, we have to assess in a calm and measured way—not in a knee-jerk way, and not on a political timetable—the advantages of potential action, whether such action can be taken on the basis of legitimacy and international law, and what the consequences would be.

[Nadhim Zahawi (Stratford-on-Avon) (Con)]

Listening to the right hon. Gentleman’s speech, any reasonable human being would assume that he is looking to divide the House for political advantage. What has happened to the national interest?

[Edward Miliband]

That intervention is not worthy of the hon. Gentleman. I am merely trying to set out a framework for decision for the House. My interest all along has been to ensure that the House of the Commons can make the decision, and do so when the evidence is available. Some in the House believe that the decision is simple—clearly there are such Members on the Government Benches. Some think we can make the decision now to engage in military conflict. Equally, others believe we can rule out military conflict now. I happen to think that we must assess the evidence over the coming period. That is the right thing to do, and our road map sets out how we would do it.

[Steve McCabe (Birmingham, Selly Oak) (Lab)]

It is one thing to not rule out military action, but is not the problem with the Government’s motion that it asks for an in-principle vote for military action now, before we hear what the inspectors say and before the UN processes take place?

[Edward Miliband]

I say to my hon. Friend and the House that this morning, it was noticeable that the Government motion would be presented, if it was voted for—this is an important point—as the House endorsing the principle of military action. That is why I do not feel ready to support the Government motion, and why I believe the Opposition amendment, which sets out a framework for decision, is the right thing to vote for.

[Penny Mordaunt]

Will the right hon. Gentleman give way?

[Edward Miliband]

I am going to make a bit more progress.

[Angus Robertson]

Will the right hon. Gentleman give way?

[Edward Miliband]

I will give way.

[Angus Robertson]

Will the right hon. Gentleman confirm that in advance of previous conflicts, such as the intervention in Afghanistan, political parties in the House were briefed in detail, and on Privy Council terms, on the nature of the evidence on why there should be intervention? Can he confirm that there have been no such briefings in advance of this vote?

[Edward Miliband]

I have had the benefit of briefings with the Prime Minister, but I am sure that he, having heard the hon. Gentleman’s intervention, will want to extend that facility to him and other minority parties.

[Penny Mordaunt]

Will the right hon. Gentleman give way?

--- Later in debate ---

[Edward Miliband]

I will not give way.

As I was saying, by setting this framework today, we will give ourselves the time and space to assess the impact that any intervention will have on the Syrian people, and to assess the framework of international law and legitimacy. As I have said, I do not believe that we should be rushed to judgment on this question on a political timetable set elsewhere. In the coming days, the Government have a responsibility, building on what the Prime Minister did today—but it is also more than what he did today—to set out their case for why the benefits of intervention and action outweigh the benefits of not acting.

[Penny Mordaunt]

Will the right hon. Gentleman give way?

[Edward Miliband]

No, I want to make this point.

I do not rule out supporting the Prime Minister, but I believe he must make a better case than he has made today on this question. Frankly, he cannot say to the House and to the country that the Government motion would not change our stance on Syria or our involvement in the Syrian conflict. It would, and the House needs to assess that.

Our amendment sets out a road map from evidence to decision that I believe can command the confidence of the House and the British public. Crucially, the amendment would place responsibility for the judgment on the achievement of the criteria for action—reporting by the weapons inspectors; compelling evidence; the vote in the Security Council; the legal base; and the prospect of successful action—with this House in a subsequent vote.

I hope the House can unite around our amendment, because I believe it captures a view shared on both sides of the House, both about our anger at the attack on innocent civilians, and about a coherent framework for making the decision on how we respond.

[Jim Sheridan (Paisley and Renfrewshire North) (Lab)]

May I thank my right hon. Friend and the shadow Foreign Secretary for the measured approach that they are taking on this very serious issue? Does my right hon. Friend agree that any reckless or irresponsible action could lead to full war in that area? We must understand from previous conflicts that war is not some sort of hokey-cokey concept; once you’re in, you’re in.

[Edward Miliband]

That is why there must not be a rush to judgment—my hon. Friend is entirely right.

[Penny Mordaunt]

The right hon. Gentleman speaks of a road map. Does he not appreciate that the first stage in our response to the atrocities is what we do in the Chamber this afternoon? Given that his perfectly legitimate concerns about consequences, evidence and so on are met by the Government motion, may I urge him to support the motion so that we can send a united, strong message to Assad and others? Otherwise, we will undermine our national security.

[Edward Miliband]

We will not support a Government motion that was briefed this morning as setting out an in-principle decision to take military action. That would be the wrong thing to do, and on that basis we will oppose the motion. We could only support military action, and should only make the decision to do so, when and if the conditions of our amendment were met.

We all know that stability cannot be achieved by military means alone. The continued turmoil in the country and the region in recent months and years further demonstrates the need to ensure that we uphold the fate of innocent civilians, the national interest and the security and future prosperity of the whole region and the world. I know that the whole House recognises that this will not and cannot be achieved through a military solution.

Whatever our disagreements today, Labour Members stand ready to play our part in supporting measures to improve the prospects for peace in Syria and the middle east: it is what the people of Britain and the world have the right to expect. But this is a very grave decision, and it should be treated as such by this House, and it will be treated as such by this country.

The fundamental test will be this: as we think about the men, women and children who have been subjected to this atrocity and about the prospects for other citizens in Syria, can the international community act in a lawful and legitimate way that will help them and prevent further suffering? The seriousness of our deliberations should match the significance of the decision we face, which is why I urge the House to support our amendment.

[Several hon. Members]

rose—

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[Edward Miliband]

On a point of order, Mr Speaker. There having been no motion passed by this House tonight, will the Prime Minister confirm to the House that, given the will of the House that has been expressed tonight, he will not use the royal prerogative to order the UK to be part of military action before there has been another vote in the House of Commons?

[Mr Speaker]

That is of course not a matter for the Chair, but the Prime Minister has heard the right hon. Gentleman’s point of order, and he is welcome to respond.