Libya

Lord Strathclyde Excerpts

Monday 21st March 2011 Lords Chamber

[The Chancellor of the Duchy of Lancaster (Lord Strathclyde)]

My Lords, with the leave of the House, I will now make a Statement about Libya in order to bring the House up to date, in light of United Nations Security Council Resolution 1973, the Prime Minister’s Statement to the other place of Friday 18 March and events that have taken place over the weekend.

It is now almost a month since the people of Libya first took to the streets to make clear their wish for a regime that is free of oppression and corruption. Since those initial protests, we have seen the situation deteriorate and the violence increase. In response to the need to protect vulnerable citizens, the UK has played a leading role in delivering EU action and UNSC resolutions.

On 23 February, the UN Secretary-General described the reported nature and scale of attacks on civilians as,

“egregious violations of international and human rights law”,

and called on the Government of Libya to,

“meet its responsibility to protect its people”.

He said later that more than 1,000 people had been killed and many more had been injured in Libya amid credible and consistent reports of arrests, detention and torture.

At the end of February, and at Britain’s instigation, the UN Security Council agreed Resolution 1970 to bring in asset freezes and a travel ban for Gaddafi’s top officials. Accordingly, the Foreign Secretary removed the exemption from UK immigration control that applied previously to Gaddafi, as head of state, and members of his household, thus preventing them from entering the UK. The Government also took action to freeze the assets of Gaddafi, members of his family, people acting on their behalf, and entities owned or controlled by them. We have prohibited the export of uncirculated Libyan banknotes without a licence from the UK.

The EU Council decision and regulation, adopted on 3 March, extended the scope of the travel ban and asset freeze to include additional individuals subject to EU measures. On 11 March, the European Council issued a declaration on developments in Libya, in which EU leaders called on Gaddafi to “relinquish power immediately”, as his regime had “lost all legitimacy”, and agreed to work with the UN, the Arab League, the African Union and international partners in responding to the crisis.

There has also been a clear desire by the international community to see Gaddafi’s regime held to account for its actions. On 1 March, Libya was suspended from the UN Human Rights Council. The UK was also instrumental in referring Gaddafi and his regime to the International Criminal Court, which opened its investigation on 3 March. Despite repeated calls to end their violence and, as the UN Secretary-General put it, for the Government of Libya to,

“meet its responsibility to protect its people”,

we saw only an escalation of state violence and an ever growing number of civilian casualties. We therefore supported the UN in a call for an immediate ceasefire and, if one were not forthcoming, for action to protect the civilian population.

A no-fly zone was authorised by UN Resolution 1973 on 17 March 2011. The resolution also called for an immediate ceasefire, an end to the violence, measures to make it more difficult to bring mercenaries into Libya and the tightening of sanctions. It also authorised the use of all necessary measures to protect the civilian population, including in Benghazi. Unfortunately, the Gaddafi regime did not heed this resolution and continued, and indeed stepped up, brutal military action against its own citizens over the following days, while pretending in public to be implementing a ceasefire. Therefore, on 19 March, a summit for support for the Libyan people was convened in Paris by President Sarkozy. It was attended by France, the UK, the USA, Spain, Germany, Canada, Qatar, Poland, Denmark, Italy, Greece, Norway, Belgium, the Netherlands, the League of Arab States, Iraq, the UAE, Jordan and Morocco, as well as the UN and EU. Leaders agreed to,

“act collectively and resolutely to give effect”,

to UNSCR 1973 and called on Gaddafi and his forces to,

“immediately end all acts of violence carried out against civilians, to withdraw from all areas they have entered by force, return to their compounds and allow full humanitarian access”.

Following that, on the evening of 19 March, UK Armed Forces under the authority of United Nations Security Council Resolution 1973 participated in a co-ordinated strike against Libyan air defence systems. The UK launched guided Tomahawk land-attack missiles from a Trafalgar class submarine. The RAF also launched Storm Shadow missiles from a number of Tornado GR4 fast jets, which flew direct from RAF Marham as part of a co-ordinated coalition plan to begin the international community’s enforcement of the Security Council resolution. HMS “Westminster” is currently off the coast of Libya and HMS “Cumberland” is in the region, ready to support operations.

Gaddafi made a television statement late on 19 March, in which he criticised military action and asked the Security Council and the international community for an “immediate” stop to the hostilities. Gaddafi claimed:

“Libya will be practising its right of self-defence according to clause 51 of the UN Charter”,

and threatened that,

“civilian and military targets in the air and sea will be liable to serious danger in the Mediterranean”.

UK and partner forces remain engaged in ongoing operations as we seek to ensure that Colonel Gaddafi and his forces understand that the international community will not stand by and watch them continue to kill civilians.

I am sure that all Members of the House will join me in expressing pride in our Armed Forces and admiration for the bravery and expertise of our service men and women as they complete their difficult work. We also pay tribute to the continuing work of British officials both at home and abroad as they, too, complete their tasks.

I want to make it clear that these are efforts to protect the Libyan population as called for by many Libyans throughout the country including the Libyan opposition, with whom we are in regular contact. The Libyan population wants freedom from oppression and to be able to choose its leaders. As the Prime Minister has said,

“what we are doing is necessary, it is legal, and it is right. It is necessary because, with others, we should be trying to prevent him”—

Gaddafi—

“using his military against his own people. It is legal, because we have the backing of the United Nations Security Council and also of the Arab League and many others. And it is right because we believe we should not stand aside while this dictator murders his own people”.

I will ensure that the Government keep the House updated as the situation develops.

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[Lord Strathclyde]

My Lords, I begin with what the noble Baroness said in her closing remarks. We are witnessing, right across the Middle East, a great period of change. We are witnessing events sometimes changing very quickly on our television screens, dealing with frustrations that have built up over a long period. In each country these are manifested in different ways and may well end in different destinations. It is difficult for us to see exactly what those will be. Our role is to encourage the aspirations of individual countries’ peoples to be met and to enable change, where it happens, to be as peaceful as possible and provide for the long-term sustainability of individual nations.

I thank the noble Baroness for her reply and the way in which she expressed it. I thank her particularly for supporting the action that the Government have taken. She is completely right: this House should debate these great issues. The House was not sitting on Friday when the Statement was taken in another place and the usual channels deemed it too short notice to provide for a debate at the same time as the debate in another place. Through the usual channels we will continue to provide time for short debates and Statements, as they arise. If there is a need for a wider debate—I suspect that there will be—we will make time available for that and let the House know. Like the noble Baroness the Leader of the Opposition, I think that we should do that relatively soon—perhaps towards the end of next week.

The noble Baroness said that we needed to be clear about the purpose of this action and that there should be clear parliamentary scrutiny. I entirely agree with her. The purpose of this House is not only to inform another place but to inform the Government of the views of this House.

What has Colonel Gaddafi been doing and how has he breached Security Council Resolution 1973? Since Saturday evening, it is clear to us that Colonel Gaddafi’s forces launched an attack on Benghazi, shelling residential suburbs. There have been air strikes by the US, the UK and France to enforce the no-fly zone. I can announce to the House today that coalition forces have largely neutralised Libyan air defences and that, as a result, a no-fly zone has effectively been put in place over Libya. However, Colonel Gaddafi’s forces launched artillery and tank bombardments against Misurata over the weekend of 19 to 20 March, causing dozens of injuries and damage to electricity and water supplies. Under these circumstances, we are utterly clear about the legal basis for military action and the fact that the UN Security Council resolution has been comprehensively broken. Our strategy is, therefore, to enforce that resolution.

This action is being taken primarily to protect the civilian population in Libya. Regime change is no part of our objective, although we have made it clear, through the Prime Minister and as a Government, that we believe that Colonel Gaddafi no longer has the support and confidence of his people. I can also confirm that Colonel Gaddafi is not a target, as the Chief of the Defence Staff, General Richards, told the BBC. He said:

“It’s not allowed under the UN resolution”.

I believe that that is entirely in accordance with all that the Secretary of State for Defence has said.

I entirely agree with what the noble Baroness said about the noble Baroness, Lady Ashton, who has performed a difficult task under difficult circumstances. I know that she has the wholehearted support of this House.

The question is raised: who is running this military operation and what is NATO’s role? In other words, who is in charge? The operation is currently under US command, with high-profile French and UK involvement as well as close co-ordination with a range of other countries, including Arab states. We continue to discuss with partners the arrangements for the next phase of this military operation. Over the short term, we want a transition to NATO command of military operations as quickly as is feasible. That is also Turkey’s aim. We are working hard to get decisions in NATO to enable this to happen as fast as possible.

The noble Baroness asked a series of questions, some of which are hypothetical. For instance, she asked what happens next. It is very difficult to picture exactly what the next course of action will be, but we know that it will be a difficult and dangerous road ahead. We cannot determine the exact course of events. However, we are clear that already we have saved civilian lives from the violence of their own regime. We have prevented the fall of Benghazi, which is a substantial city of more than 1 million residents, and we believe that Libyan people have a better chance of determining their own destiny than before.

We are clear about the meaning of the Security Council resolution: “all necessary” force in enforcing the no-fly zone and protecting civilians means exactly that, but it does not mean that we can put military forces on the ground. We do not believe that that is allowable under the Security Council resolution.

I have said that we will have an opportunity to debate this. I will continue to update the House, as will my colleagues. The noble Baroness also made an interesting suggestion that we as a Government might be able to offer briefings to interested Peers. I would very much like to offer that. My noble friends Lord Howell of Guildford and Lord Astor of Hever will make time for interested Peers to be kept abreast of events as they unfold. Through the usual channels, we will find a way of bringing that to the attention of the House.

[Lord Hannay of Chiswick]

My Lords, will the Minister accept my thanks for the way that the Government have acted by putting down that resolution at the Security Council at the key moment? Will the Government give some consideration to getting the Security Council to authorise putting Libya’s oil resources into an escrow account and making a proportion of that account roughly proportionate to the size of the part of Libya that is under the control of the insurgents available to them for civil purposes? That, as the noble Lord will remember, was what happened in Iraq in 1991. It successfully supported the survival of the Kurdish part of Iraq, without in any way altering our respect for the territorial integrity and sovereignty of that country. That would be a way in which the insurgents could be helped. When dealing with some Governments around the world who have expressed doubts or even criticism of what we have done, will the Minister remind them that every single one of them subscribed in 2005 to the doctrine of the responsibility to protect? Will he ask them fairly robustly what they would do now to protect the civilians of Libya?

[Lord Strathclyde]

My Lords, I have noted previously that the noble Lord, Lord Hannay, brings his considerable experience and knowledge to bear in this House. It is immensely useful that he does so at this time. I very much welcome his words about the United Kingdom and France putting down the key resolution, and doing so at the right time—some would say in the nick of time. Certainly, if it had happened 24 hours later, we might have faced a very different situation in Libya.

The noble Lord makes an interesting suggestion—one that is based on precedent—about the oil resources and an escrow account. All these matters are under consideration in the United Nations and, of course, in the Security Council and in individual member states. As the noble Lord points out, such a measure would respect the integrity of international borders.

On the criticism of some countries, the words of the noble Lord stand. They will be read and should be repeated to those countries that have sat by while so many others have done the work. In due course, the world will re-evaluate those who stood by and would have let a cataclysm occur in Benghazi.

[Lord St John of Fawsley]

My Lords, on behalf of all Back-Benchers in the House, perhaps I may express admiration for our gallant troops of both sexes in the war. It is not necessary for everybody to take up valuable time with that statement, so perhaps I may take it on myself to express it. Secondly, will the Minister use his influence to persuade the Prime Minister, who is universally and rightly recognised as a master of diplomacy, to use that gift to persuade as many Arab states as possible to come out openly in favour of this international coalition? What the Prime Minister has achieved permanently—I hope that the Minister will agree—is to make international affairs part of the national interest. Perhaps he or another senior Minister will write to Mr Tony Blair and quote the words of a great Prime Minister, Clement Attlee, who wrote to Harold Laski, then chairman of the Labour Party:

“A period of silence from you would be most welcome”.

[Lord Strathclyde]

My Lords, I join my noble friend, as I know the House does, in paying tribute to our troops who have reacted immensely quickly to the challenges put upon them and who even now are in action or redeploying—particularly the RAF—to a new forward base in southern Italy. My noble friend encouraged me to use my influence with the Prime Minister to urge him to encourage Arab states to stay on board. The Prime Minister needs absolutely no encouragement from me. He is actively involved in this work and is speaking by telephone to members of the Arab League continually. There were stories yesterday in the news that the Arab League was withdrawing its support because of civilian casualties. I can confirm that that is not the case. The Secretary-General, Amr Moussa, said:

“It is for the Security Council to take decisions as it sees fit. What we did in the Arab League is make an official request to impose a no-fly zone on military activities against the Libyan people”.

In creating these alliances and coalitions, a lot of people need to be brought together. This needs continual diplomatic work and the Prime Minister is at the forefront of that.

[Lord West of Spithead]

My Lords, perhaps I may carry on that theme by suggesting to the Leader of the House that it is not a question just of the Arab League giving diplomatic support. Will he assure the House that we will ensure that the Arab League takes part militarily in the operation—the more members, the better—and that if it does not, and if we find that Arab support evaporates, we will think very hard about extricating ourselves from this military action?

[Lord Strathclyde]

My Lords, the noble Lord makes an extremely good point. Qatar is sending military assistance. We anticipate further assistance from other Arab League members, although we are currently not in a position to say what form this will take. Arab partners made it clear that if the action was authorised by a Security Council resolution, they would contribute military assets. We are continuing to discuss this with them and to lobby our partners to contribute to a coalition force from both NATO and the wider international community.

[Lord Dholakia]

My Lords, we on this side support the credible and convincing case made by the Prime Minister in the other place. The legality of the action is not in question, because the systematic slaughter and violation of international and human rights law by Gaddafi against his own population demand action. The protection of civilians must be the top priority as the collateral damage would be exploited by Gaddafi. Perhaps I may ask the noble Lord three pertinent questions. The first concerns his statement about Amr Moussa’s interpretation of Resolution 1973. Are we absolutely sure that at this stage he understands our position? Is he able to help us, as Qatar is doing, in terms of military action against Gaddafi? Secondly, the role of the African Union should not be underestimated, particularly when mercenaries from some African countries are being used by Gaddafi. We still have to face the question of the large number of refugees who are now on the borders of Libya. Thirdly, the exit strategy must be clearly stated. Irrespective of the fate of the Libyan dictator, the solution must remain a matter for the Libyan people.

[Lord Strathclyde]

My Lords, I thank my noble friend for his opening remark that the legality is not in question. He is right in that. We have received the clearest possible advice on the legal basis. The Security Council resolution is extremely clear without any ambiguity and the breaking of that resolution is equally clear. I also agree with my noble friend that the most vital aspect of the work taking place under the auspices of that Security Council resolution is the protection of civilians in Libya. Within that, as I said to the noble Lord, Lord West, the support of the Arab League and the African Union is also extremely important. Diplomatic efforts are being vigorously carried out across the world. Finally, my noble friend asked about the exit strategy. We have made it very clear for a long time that we believe that Colonel Gaddafi has lost the support and confidence of his people. However, in the first place, we wish to see peace and for the people of Benghazi to be able to go about their lives in a peaceful manner. We will review the situation from time to time and will see how events unfold in the days and weeks ahead.

[Lord Howe of Aberavon]

My Lords, this episode, if I may call it that, which has given rise to discussion today, is characteristic of the unpredictability of foreign affairs and it indicates the way in which something very alarming has to be addressed urgently. I hope that the House will join me in welcoming the caution, comprehensiveness, clarity and courage with which this problem has been addressed, as well as our satisfaction that there is anything but complacency about it. We shall need to be careful and watchful. However, we can express great confidence in the decisions taken so far and extend our strongest support for the continuation of this approach to the problem.

[Lord Strathclyde]

I very much welcome what my noble and learned friend has said with all his experience and knowledge not just as a former Foreign Secretary but as someone who has witnessed many different international crises and events over a long period. I assure him that there is no complacency and I know that he understands that. I very much welcome his continued support and encouragement. I hope that he will avail himself of any briefing that we can offer so as to keep himself entirely up to speed.

[Lord Judd]

My Lords, it is immensely reassuring that the Government are showing determination that our courageous service men and women should operate within the context of international law and under the authority of the Security Council. I am sure that there is widespread support for that determination on the part of the Government. However, does the noble Lord agree that, ultimately, the long-term stability of Libya and of other Arab countries is dependent on the people being in control of their own destiny? It is their struggle and they have to find the solutions; and whether or not there should be regime change is in their hands. Is it not, therefore, essential for us to avoid at all costs being directly or indirectly seduced into what could be seen as political manipulation of the situation? Can the noble Lord also say a word about the predicament of the large number of refugees, many of whom are, in effect, stateless?

[Lord Strathclyde]

My Lords, I welcome what the noble Lord has said about us operating within the context of international law and with the full support of a UN Security Council resolution. The noble Lord is also entirely correct in talking about long-term stability being in the hands of the Libyan people. If the western powers—perhaps I can put it as loosely as that—were seen to be imposing some kind of solution on Libya, it would not work. I totally agree with what the noble Lord said: the future of Libya must lie in the hands of its people and they must decide how best to run their affairs. That is part of what all this is about: by protecting civilians, we give the people the ability to have a choice to aspire to change, as has happened more peacefully in other parts of the Middle East.

The noble Lord also asked about humanitarian aid for those who find themselves stateless. I suspect that that could easily become a growing problem but DfID has played a key role and has already provided tens of thousands of blankets, more than 1,400 family tents and charter planes which have returned more than 6,000 people to their countries. The number of arrivals in transit camps is now falling; as of 20 March, some 5,874 people remain at the transit camp and DfID, with many other partners, is continuing to work to reduce the number.

[Lord Elystan-Morgan]

My Lords, does the Minister agree that, if Gaddafi were to disappear from the scene tomorrow, he would leave behind him a non-functional community, and no continued imposition of a no-fly zone would of itself give any real protection at all to that community? In the circumstances, does he agree that the temptation may be very great for land forces to be used to bring about that very result? Will he endorse something that I think he has already touched on, in so far as Her Majesty's Government’s interpretation of the relevant resolution is concerned—after all it is a political and not a judicial decision—that he would abjure completely the possibility of land troops being used?

[Lord Strathclyde]

My Lords, however desirable it would be for Colonel Gaddafi to disappear tomorrow, I can confirm that this country will not be tempted to use land forces to bring that about.

[Lord Ashdown of Norton-sub-Hamdon]

My Lords, perhaps I can invite the Minister to clarify that point which might be open to misunderstanding. Although it is true that the UN Security Council resolution forbids or does not cover any invasion or occupation, there is nothing in that resolution which would inhibit us using military assets to do something like rescue a downed pilot.

[Lord Strathclyde]

Yes, my Lords, I regard that as a very different point and I am able to clarify that to my noble friend.

[Lord Kerr of Kinlochard]

My Lords, the House has heard an admirably clear account of how we got here. I was not as convinced by the way in which the noble Lord brushed aside the question of where we go next. I agree that it is hard to predict the future, but it is good to know where you want to go; that is called having war aims. It seems to me that, as of today, the analogy is with the first Iraq war when we had, as now, a very clear legal base in a Security Council resolution—new and specific—and we had widespread support in the region and in the Muslim world generally. I believe that that is the case now; I hope that it is. We also had very clear war aims. We were going to restore the independence of Kuwait. Therefore, the exit strategy was absolutely clear.

This time, it is so important to retain the support of the Muslim world and the Middle East that it is crucial that the Prime Minister, who moved with admirable speed last week, should move no less fast this week to agree war aims with the Defence Secretary and the Foreign Secretary, across the Government, with Paris and Washington and our other NATO partners and across the Middle East, so that we are clear where it is we want to go. I hope that the noble Lord will pass that message on.

[Lord Strathclyde]

That is a good point well made. The comparison with the clarity of the Gulf War involving Kuwait is a good one, but the timing was so different. We were faced last week with the possible annihilation of opposition forces in Benghazi. I accept the noble Lord’s implied criticism, which I know is meant in a constructive and friendly way, that clear objectives are harder to define. I hasten to add that I hope that I did not brush over that too much. The fact that we have saved civilian lives from the violence of their own regime already is a success and an objective. Enforcing the no-fly zone by damaging Libyan anti-aircraft assets is already a significant change. That means that coalition forces can fly over Libya to enforce the no-fly zone. We believe that that will lead to the Libyan people having a better chance of determining their own destiny than before.

[Lord Anderson of Swansea]

My Lords—

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[Lord Trefgarne]

My Lords, I am obliged to my noble friend. As someone who has been involved in Anglo-Libyan commercial relations for the past five or six years, I have, needless to say, received with the greatest distress what has been happening in Libya in recent weeks: the wholesale slaughter of civilians and the wounding of a great many more. I am bound to say, therefore, that I very much agree with the action that the Government took first at the United Nations and then in joining the military operations of recent days.

However, we have to be careful about the objectives that we are seeking, both military and political. The military objectives are surely simply to pave the way towards the political objectives; and the political objective seems clear, which is to provide for the people of Libya an opportunity to choose for themselves in a free and fair way who should be their leaders.

[Lord Strathclyde]

My Lords, I acknowledge my noble friend’s great understanding of Anglo-Libyan relations. I thank him for his support of the actions of Her Majesty's Government. I particularly agree with the clarity with which he put the objective, which is to provide for the people of Libya to choose their own future and political destiny.

[Lord Anderson of Swansea]

The noble Lord said that the primary objective is the protection of civilians. Surely under the terms of the UN Security Council resolution, that is the only objective, however tempted one might be to go further along that road and intervene in a civil war on one side or the other. The noble Lord has heard the concern about the position of the Arab League: unless and until it goes beyond words to action, there will be strains within the coalition. I hope that, with the Government, he will seek to impress on the Arab League that more is expected of it than just brave words and that it should be with us all the way.

Will the noble Lord say a little about the position of countries, perhaps in the Arab League, seeking to provide arms to the rebels? Does the UN arms embargo apply to both sides or would it be legitimate under international law for countries to provide arms to the rebels?

Finally, the noble Lord, Lord Elystan-Morgan, made it clear that there is very limited civil society in Libya. The European Union is experienced in providing and buttressing civil society and in providing aid, but clearly Arab nations will have to take the lead. Can the Minister give an assurance that we in the European Union are urgently looking at means of providing aid on political, economic and social infrastructure to help Libya look to a brighter future?

[Lord Strathclyde]

My Lords, the noble Lord raises useful and interesting questions. Under the Security Council resolution, there are two clear objectives. The first is to protect civilians and the second is to enforce the no-fly zone. They are enormously interrelated, but we believe that protecting civilians is a key objective. We have already discussed the wider coalition, the alliance across different nations and groups, including the Arab League. The Arab League has confirmed that it would be willing to offer military support, and I am sure that some members of it will do so.

The arms embargo is for the nation of Libya as a whole. Therefore, any arms shipped to the opposition or to rebel groups would be illegal under the Security Council resolution. On the EU role post conflict, I, too, believe that the EU has a substantial role to play. No doubt there are those within the EU working on how that might work in practice. It could only work with co-operation. I think it was the noble Lord, Lord Kerr, who talked about working in co-operation with the Muslim world. I agree with both noble Lords on that point.

[The Lord Bishop of Exeter]

My Lords, does the Leader of the House share my concern that in an increasingly volatile region there are already those who for their own ends are using somewhat inflammatory language and trying to construct a religious narrative around these unfolding events? In this account, a vulnerable Islamic population is being subjected to an opportunistic attack by a powerful Christian West. Not only does such a narrative have the power to destabilise the wider Middle East region, but it could impact very negatively on community relations in this country. Does this not underline the point that has already been made about the need not only to continue to work with but to retain the confidence of the council of the Arab League? Will the Leader talk about other ways in which the Government might be attempting to counter such a narrative and deny it the currency that it could begin to gain that would be so damaging to intercommunity relations here?

[Lord Strathclyde]

My Lords, the right reverend Prelate the Bishop of Exeter raises some extremely important points. We will have all seen in the press and on our television those who have used inflammatory language for their own ends. There is no religious angle here whatever. This country and the United Nations are motivated by a humanitarian desire to bring some sort of peace and opportunity to the people of Libya. The best way for us to put that message across, including to communities in this country, is to repeat it and to explain what is really happening. It is a very human approach across humanity that crosses religious boundaries that we should seek to work together to bring peace and stability to this region.

[Baroness Falkner of Margravine]

My Lords, given that it has taken 28 minutes for a Muslim, and indeed a woman, to get in on these questions, I wonder whether I, coming from the Muslim world, may ask my noble friend whether he agrees that, had we stood by and done nothing, it would have appeared to the 1.5 billion people in the Muslim world that our warm words were hypocrisy of the most egregious order.

My noble friend dealt with the questions asked by the noble Lord, Lord Anderson, by saying that he thought that the arms embargo applied to every entity in Libya. I refer him to Paragraph 4 of UN Resolution 1973, which seems to indicate that it is possible, under protecting civilians and civilian-populated areas, notwithstanding Paragraph 9 of UN Resolution 1970, for people to participate in giving armed assistance to the insurgents. Will he say whether the Government are talking to the Gulf Co-operation Council states to help financially, even if they are not prepared to do so militarily?

[Lord Strathclyde]

My Lords, I thank my noble friend for her useful intervention. She is quite right to talk about what would have happened if we had stood by and a massacre had taken place and about the countries and the peoples who would have accused us of allowing it to happen without raising a hand in protest.

My noble friend also talked about the Security Council resolution. My answer to the noble Lord, Lord Anderson of Swansea, is also correct and allows me to clarify the position. As I understand it, arms may be supplied, but—this is key—only with the express approval of the United Nations Security Council sanctions committee. That is a key hurdle. There is no ability simply to arm different parts of Libya at will; it has to be done with the agreement of the United Nations.

[Lord Campbell-Savours]

My Lords—

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[Lord Craig of Radley]

My Lords, I thank the Leader of the House for repeating the Statement. He mentioned that the Libyan air defence system had been knocked out—an essential prerequisite for setting up a no-fly zone. The cost of doing that is not inconsiderable; Tomahawks check out at about £500,000, and Sky Shadows for not much less. Hopefully there will be no need to use so many of those weapons in the future. Nevertheless, the cost already of these operations and the ongoing cost will not be inconsiderable. Will the Minister confirm that these costs will be met entirely from the contingency fund and not from the defence vote?

[Lord Strathclyde]

My Lords, much as I would like to, I cannot confirm that to the noble and gallant Lord. I can, however, confirm again that the air defences have been broadly knocked out. Of course the noble and gallant Lord, with all his considerable experience, understands the cost of these arms, but this is the kind of action that we would expect our Armed Forces to be able to deal with. If costs escalate substantially over the next few weeks, no doubt the Secretary of State for Defence and the Chancellor of the Exchequer will need to discuss where this money will come from.

[Lord Reid of Cardowan]

My Lords, the noble and gallant Lord referred to resources. Since the primary purpose of this is the protection of civilians, and since the regime is the biggest threat to civilians, in the absence of either a change of heart by the regime, which seems highly improbable, or a change of regime, we have to consider that this no-fly zone might be sustained for the long term as necessary. In Iraq, for instance, to protect the Kurds in the north and the Marsh Arabs in the south, one such zone lasted for 12 years. Will the noble Lord assure us that the Government not only have the resolve to stay the course on this but, following some of the comments that have just been made, that we have the resources to continue to play our part in it in the light of the recent defence review?

[Lord Strathclyde]

My Lords, the noble Lord, Lord Reid, asks an immensely good question. He is right to say that it might be for the long term, and none of us can say at this stage what the long term is. We have taken decisions over the course of the past few weeks on the need for a no-fly zone and we have constructed an international alliance. We will wish to maintain that and to get other countries to provide military assets. If we are successful in doing so then there is every reason to believe that the pressure that is being brought on the regime will prove a success. I think that all noble Lords listening to this exchange will have different views about what “long term” will mean. We will have to see how these events unfold before we can take a final decision on what the longest-term commitment from the United Kingdom will be.

[Lord Chidgey]

My Lords, if we are to learn the lessons of Iraq, is it not essential that, during the operations currently under way, we do everything that we can to protect the power stations, the water supply, sanitation—all the public sector infrastructure? In that context can the noble Lord tell us whether our cross-government stabilisation unit—not just DfID but also, across departments, the FCO and the MoD—is at the heart of the medium and long-term stabilisation planning? Is the stabilisation planning feeding into the decision-making now? We learnt from Iraq that it has to be a current process, not a past idea. Finally, will the UN lead stabilisation efforts in the medium and long term? We should play our part but, clearly, this needs to be an international concern.

[Lord Strathclyde]

My Lords, I agree with my noble friend that this is a concern. Of course, what has been happening is that it is Colonel Gaddafi and his troops and other armed forces who have been causing such difficulty and damage to electricity and water supplies, particularly in the town of Misurata. It is no part of the coalition’s objective to try to degrade those kinds of not just economic but humanitarian assets.

[Lord Alton of Liverpool]

My Lords, as regards Security Council Resolution 1973, would not the Leader of the House also agree that the decision of China two weeks ago to support the referral of Colonel Gaddafi to the International Criminal Court firmly puts human rights at the heart of this issue? In that regard, the Leader said in the Statement that Libya has been suspended from the United Nations Human Rights Council. Does he agree that it something of a paradox that a country that was responsible for the killing of WPC Fletcher, responsible for the Lockerbie bombing and responsible for the atrocities now being committed against its own citizens was ever a member of that body in the first place? As we come to review the membership of the Human Rights Council, should we not also review our arms policies? British arms are not only being used now in this theatre in Libya but also being deployed elsewhere in the Middle East against pro-democracy demonstrators.

[Lord Strathclyde]

My Lords, the noble Lord says that it is a paradox and he is entirely right—it is a paradox. We remember not only WPC Fletcher and the atrocity of Lockerbie but also the years of support for the IRA perpetrated by Colonel Gaddafi. We have a very robust arms policy in place. As I know the noble Lord believes and clearly understands, the aim of that policy is to keep continually under review what is exported and to which country it is exported.

[Lord Campbell-Savours]

My Lords, 95 per cent of Libya’s export earnings come from oil and gas, and 75 per cent of all Libyan oil is exported to western Europe. Surely the issue of oil flows and the destination of revenue must be a consideration in the mind of Governments when key decisions are taken on the way to proceed. We have a lot at stake in terms of oil.

[Lord Strathclyde]

My Lords, our overriding objective is to protect the civilian population in Libya; that is the purpose of the action that we have taken. But the noble Lord is right to say that regimes can be sustained by their revenues, including those from oil. This question is in the mind not only of the Government but of the United Nations.

[Lord Selkirk of Douglas]

Will my right honourable and noble friend bear in mind that very serious allegations have been made from within Libya that Colonel Gaddafi had foreknowledge of the Lockerbie outrage before it occurred? Will he also keep in mind that the Lord Advocate in Scotland has said that she may consider reopening the Lockerbie case?

[Lord Strathclyde]

My Lords, that is extremely important and valuable. I am sure that it is entirely right for the Lord Advocate in Scotland to keep the case closely under review.

[Lord Touhig]

My Lords, following the questions put by my noble friend Lord Reid and the noble and gallant Lord, Lord Craig, has any thought been given to British aircraft operating from bases in France? At present, they have to make a 3,000-mile round trip.

--- Later in debate ---

[Lord Strathclyde]

My Lords, British aircraft are currently relocating to bases in southern Italy.

[Lord Bates]

My Lords, while no one envies the grave task of my noble friend and my right honourable friends the Prime Minister and the Foreign Secretary in wrestling with these great decisions, can he confirm that the UN Security Council resolution was supported by only 10 members out of 15? The five countries that abstained included the likes of India, Germany and Brazil. Their reservations were that they felt that diplomatic channels had not been exhausted; that there was a risk that this action would galvanise support behind Gaddafi; and that military action would also pose a risk to civilians.

[Lord Strathclyde]

My Lords, different countries take different decisions at different times. No country voted against the Security Council resolution; 10 out of 15 voted in favour, and only nine votes were required for it to be carried. Events as they unfold demonstrate that it was right to take military action over the course of the weekend and to protect civilians on the ground.