(1 week, 1 day ago)
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I want to be clear to my hon. Friend and to everybody here that the direct selling of F-35 parts to Israel has now been suspended; it is indirectly that we are not in a position to determine the end user. Members are saying that we could determine the end user. I reiterate the Government’s position that the global supply chain is critical to the operation of the F-35 programme and that we cannot suspend licences to end users in the way that my hon. Friend would like without imperilling that.
I am grateful to the Minister for giving way; he is being characteristically generous. As I understand it, we cannot track F-35 parts because we have signed a contract that basically renders us blind when they leave our borders. Technically, it is possible; the Ministry of Defence has said that. The issue the Minister has to address is that article 7 of the arms trade treaty is very clear that if there is an overriding risk of a breach of IHL, exports should not be made. His Government’s own submission to the courts is that that risk exists. We cannot have it both ways.
My right hon. Friend is making two distinct arguments. One is that we know who the end user is but cannot practically stop it, but we can also maintain the F-35 programme. The Government’s position is that we cannot take action on the global spares pool without bringing the F-35 programme into peril, which would have implications for international peace and security. That is the position of the Government. On the article of the arms trade treaty to which he refers, it is clear that consideration needs to be given to international peace and security. It is on that basis that we have set out our position.
Another Member asked me about the legal advice. We have set out the legal position as clearly as we possibly can—more clearly than any previous Government has on such a decision. It is being tested in the courts. We are proceeding with the utmost transparency on these questions.