Arms Exports and Controls

Debate between John Stanley and Tobias Ellwood

Thursday 30th October 2014 Westminster Hall

[Mr Ellwood]

I hope that is as aggressive as the debate gets. Let me reiterate that the Government take their arms export responsibilities very seriously and aim to operate one of the most rigorous and transparent arms export control systems in the world. Our core objective in export licensing is to promote global security, while facilitating responsible exports. That means preventing controlled goods from falling into the wrong hands. It also means that we must not impede legitimate trade in defence and security goods.

All export licence applications are carefully assessed on a case-by-case basis against the consolidated EU and national arms export licensing criteria, taking into account all relevant factors at the time of the application, including the prevailing circumstances in the recipient country, the nature of the goods, the identity of the end user and the stated end use. A licence will not be issued if doing so would be inconsistent with any provision of the criteria, including if there is a clear risk that the proposed export might be used for internal repression or external aggression.

The Government support the responsible trade in defence equipment. All nations have the right to protect themselves, as enshrined in article 51 of the UN charter, and they have the right to acquire the means to do so. Moreover, defence and security exports help to strengthen the UK economy and to support growth. As the shadow Minister said, the industry employs tens of thousands of people across the UK. In 2013, the value of UK defence and security exports rose to £13 billion—a 13% increase on the £11.5 billion recorded in 2012. Those exports also helped the UK to forge close relationships with allies and partners in support of international security objectives.

We must therefore seek to operate an efficient export licensing system that not only ensures rigorous export controls, but facilitates responsible exports. The case-by-case assessment of export licence applications remains the most effective way to balance those concerns. We follow a clear and well-understood procedure for each application, which involves circulating expert evidence to other Departments as a matter of routine, to make the best assessment possible, based on the evidence available at the time.

I want directly to address the perception that, in the relatively rare instances where licences are subsequently revoked or suspended, the export licensing system is in some way broken. That is certainly not the case. In 2012, the then Foreign Secretary conducted a review of arms exports, which found that there were no fundamental flaws with the export licensing system. However, the review did identify some areas where the system could be strengthened. As a result of that review, a suspension mechanism was introduced to ensure greater responsiveness to changing circumstances overseas.

The suspension mechanism allows for the suspension of pending licence applications to countries experiencing a sharp deterioration in security or stability such that it is not possible to make a clear assessment of whether the consolidated criteria have been met. Following EU Council decisions, it has now been applied to extant licences as well as pending applications. The suspension of licences should, therefore, be viewed not as an admission that there has been a mistake, but as an indication that, on the contrary, the system is appropriately in tune with the reality that circumstances change and that the export licensing system must be able to react appropriately.

Moreover, we have the power to revoke any licence if we judge that changed circumstances mean that it is no longer consistent with the consolidated criteria. Again, revocations should be viewed as indicative of the fact that the system can respond to change, not as a sign that our case-by-case assessment of export licence applications is flawed. We make the best decision possible at the time of each application, and if circumstances change, we can react appropriately. Action to revoke or suspend licences is, then, not a sign that the system is broken; in fact, the flexibility to respond effectively to change is a sign of health and demonstrates how seriously the Government take the guiding principle of responsible exports.

Having set out that overview, I would like to touch on a number of specific issues my right hon. Friend and others have raised. First, however, it would be useful briefly to reiterate the Government’s policy on assessing the risk of goods being used for internal repression.

Criterion 2 of the consolidated criteria, which has been mentioned a number of times, states that an export licence application should be refused if there is a “clear risk” that the goods in question might be used for internal repression or in the commission of a serious violation of international humanitarian law.

Some confusion arose following the former Foreign Secretary’s evidence to the Committees in 2012, which was interpreted as suggesting that the “clear risk” test in criterion 2 had been dropped. Let me emphasise: the threshold of clear risk in criterion 2 has been the policy of successive Governments since the criteria were established in 2000, and it remains our policy. As confirmed in recent correspondence with the Committees, we have no plans to change that policy.

[Sir John Stanley]

May I correct the Minister on the point he has just made? There was no misunderstanding and no suggestion in the Committees on Arms Export Control that the criterion 2 “clear risk” test had been dropped by the Government at any point.