Export Licences: High Court Judgment

Lord Hannay of Chiswick Excerpts

Thursday 20th June 2019 Lords Chamber

[The Earl of Courtown]

My Lords, the noble Lord may remember that, in another guise, I was the Whip in both the FCO and the Department for International Development. I had to respond to a Question on the present conditions and the availability of relief in Yemen. The loss of life touched me deeply; what happened there is appalling. I note the noble Lord’s very good points but we are not standing still. This morning I spoke to the Minister, my noble friend Lady Sugg, about our activity in Yemen; she reminded me that, on 24 February 2019, my right honourable friend the Prime Minister announced that the UK would provide an additional £200 million in response to the humanitarian crisis in Yemen. Our total commitment is now £770 million. That is important because it provides vital food, water and medicine to those who need them most. Conditions are a little better than they were—for example, there is more access to the ports —but the logistics could not be described as perfect, to say the least.

[Lord Hannay of Chiswick (CB)]

My Lords, can the Minister be a little clearer about the impact of the Government’s decision not to enter into new contracts while the court case continues? Can he say whether that means that they will not make deliveries under existing contracts while the case is pending? That is rather important. After all, a number of these contracts are colossal and not all of them are delivered at the same time.

Secondly, will the Minister admit that your Lordships’ International Relations Committee was rather closer than the Government were to what turned out to be the ruling of the Court of Appeal? It would be helpful for the Government to say when your Lordships’ House gets something right. Will the prevention of further action on sales mean that we will not negotiate sales, instead waiting until after this case finishes to conclude and deliver them? Further clarification on those points would be rather helpful. I hope that the Minister will be able to do something about that.

Finally, will the department look carefully at the Minister’s response to the debate on our report and the two subsequent government written responses, and if any points in them are no longer true, will the Minister perhaps refresh them?

[The Earl of Courtown]

My Lords, I thank the noble Lord for his questions. He refers to the report from my noble friend’s committee; I was aware of it but I have not read it. I know that reports from such committees are highly regarded throughout the country and further afield. I will take back to the department his points on the report, particularly regarding any possible changes to Her Majesty’s Government’s response to it.

The noble Lord also mentioned the position on extant licences. As I said, we will review all licences in the light of the court’s judgment. He went further, asking about entering into more sales contracts; I do not have an answer for him on that, so I will have to write to him. We are not issuing any new licences but, as the noble Lord will be aware, these licences last for between three and five years, and many licences could have been issued some time ago. Also, many licences do not end up in arms sales.