UK-US Co-operation on Using Atomic Energy for Mutual Defence

Debate between Lord Ponsonby of Shulbrede and Lord Anderson of Swansea

Wednesday 23rd October 2024 Grand Committee

[Lord Anderson of Swansea (Lab)]

I am grateful to the Deputy Chairman for allowing me to speak in the gap. I had applied in proper form, but alas, there was a misunderstanding in the Government Whips’ Office. So here I am, and I am grateful.

I begin by congratulating my noble and learned friend Lord Goldsmith. He follows in the proud tradition of my noble friend Lady Hayter and my very good and late friend Lord Morris of Aberavon.

The report on the MDA gives some indication of the importance of the scrutiny role of the committee and, as the noble Lord, Lord Howell, and others mentioned, of the deficiencies in the current CRaG process—a point also made very well by my noble and learned friend Lord Goldsmith.

The agreement is absolutely fundamental to the excellent defence relationships between our two countries. The MDA provides for the exchange of nuclear material, technology and information, and the debate is also very timely, in that the UK is in the process of modernising its nuclear-powered submarine and the warheads.

This has been a unique defence and security relationship between us and the US. We have heard quite a lot of history during this debate. The McMahon Act 1946 banned the US from sharing its nuclear knowledge. That was modified in 1958, and co-operation then between the UK and the US was a precursor to the Polaris agreement of 1963.

I noted that in the presidential determination of 16 July recommending approval of the amendment, President Biden stated that it was in the interests of the US to continue to assist the UK in maintaining a credible nuclear deterrent,

“which will further improve our mutual defense posture and support our”

collective interests under NATO. It appears clear, from what we have heard as a committee, that the US will indeed shortly ratify these amendments.

As an aside, many years ago, in 1960, I joined the Foreign Office, and what struck me very forcefully at the time was the excellent personal relationships between members of the US Administration and senior members of the Foreign Office, many of whom had served in the US during the war—people such as Sir Frank Lee and Sir Arnold France—and had built up excellent personal relationships. Alas, I do not believe that those personal relationships, which inspire confidence and trust, exist in quite the same way today.

Pace the noble Lord, Lord Hannan, it may well be that, in the current context, the US might be looking not just at the UK for that special relationship but at France and possibly other countries. France was, of course, upended by the AUKUS agreement and may well be brought in now, in some subsidiary way.

Power relationships and the context of today are very different from 1958 and 1959. I hope that the Government will indicate whether they foresee a possible change if there were to be a change of government in the US following the presidential election.

[The Parliamentary Under-Secretary of State, Ministry of Justice (Lord Ponsonby of Shulbrede) (Lab)]

I point out to my noble friend that there is a four-minute time limit to interventions in the gap.

[Lord Anderson of Swansea (Lab)]

In that case I end simply by stating—although there is plenty of time left—that there is clearly concern about parliamentary oversight. When the committee met Mr Pitt-Rashid of the MoD, he conceded that the removal of this amendment was “not a great disadvantage”. Surely we would not expect the US to be concerned about our parliamentary procedure, nor should we be concerned about the US. Its removal can be done without difficulty.

I make one point in relation to the noble Lord, Lord Verdirame. The question of relying on a Minister to give an assurance is fundamentally different from having an obligation set in statute.