Export Licensing: High Court Judgment

Stephen Doughty Excerpts

Monday 10th July 2017 Commons Chamber

[Dr Fox]

I hesitate a little because there may well be an appeal and we may not yet be at the end of the legal process, but to date the case has cost UK taxpayers somewhat in excess of £600,000.

[Stephen Doughty (Cardiff South and Penarth) (Lab/Co-op)]

The Secretary of State and the Government may have won this legal skirmish, but they certainly have not won the moral case and there are still many unanswered questions about the relationship and the terrible situation in Yemen. He said that he was confident, but the court judgment makes it clear that he was anxious. In fact, he wrote to the Foreign Secretary:

“I am concerned that the issue…continues to be finely balanced... I ask that you commission a further detailed assessment…and send me updated advice”,

and

“that you seek advice from”

senior Government lawyers “before making your recommendation.”

Why was the International Trade Secretary anxious? Was it because of the civilian deaths, the use of cluster bombs or the attacks on humanitarian supplies in operations, including water and sanitation supplies that could have been so critical in preventing the cholera epidemic?

[Dr Fox]

I know that the hon. Gentleman takes a close interest in the matter, but I really would not describe today’s landmark case as a “skirmish”. I think that everyone in the House would be well advised to read the full judgment. It is my job to be anxious about these things. It is my job to give the nth degree of scrutiny, because lives are potentially lost if we make the wrong judgments. It is the judgment of myself, the Foreign Secretary and other senior Ministers that gives us such anxiety. Were we to be cavalier, the hon. Gentleman would be absolutely right to criticise us. When we take the nth degree of care about the judgments we make, as previous Governments have done, he ought to be very grateful that we are doing so in the country’s interest.