Syria and the Use of Chemical Weapons

Lord Mayhew of Twysden Excerpts

Thursday 29th August 2013 Lords Chamber

[Lord Mayhew of Twysden]

My Lords, it is a privilege to follow the noble Lord, Lord Kerr, and it is tantalising that he did not have longer to develop his themes, which were based on enormous experience. I particularly agree with him that the doctrine of punishment has no place in international law. We cannot intervene in order to punish. This might not be universally accepted, especially in the United States, but it is quite clear that it is no part of international law’s right to punish somebody or to retaliate.

I want to make one additional point. I have heard a noble and gallant field marshal in this House say on more than one occasion that the first question asked of you if you visit troops who are committed to active service is, “Is the country behind us? Do the people support what we are being asked to do?”. That is an extraordinarily important question to have in mind when we consider the Syria issue. It is all very well having a military covenant and enshrining it with the force of law—it is very important that that should have been done—but we are not treating troops fairly if they are not given a truthfully positive assurance in answer to that question. That is the great significance of the opinion polls. The Government have to face the fact that so far opinion polls have been about nine to one against what is understood to be in the Government’s mind on military intervention. It is therefore extremely important that in the days ahead, as the evidence available becomes clearer, the Government make every effort to explain the basis upon which the doctrine of the responsibility to protect is founded.

I am extremely glad that the Attorney-General has published a summary of his opinion for use in this debate rather than his full opinion. I cannot agree with those who wish to see the full opinion. That gives rise to tendentious cherry picking and is unhelpful rather than helpful. The public will be reassured to see that one of the criteria to be fulfilled is a humanitarian purpose inspired by humanitarian needs of almost catastrophic proportions. That is the kind of thing that we should expect to see more readily understood in the days ahead. The days ahead are going to be extremely important. Upon them may depend, among other questions, of course, which there is no time to develop, the answer to the question in future, should it arise: “Sir, is the country behind us?”.