Business of the House

Debate between Stephen Doughty and George Kerevan

Thursday 26th January 2017 Commons Chamber

[George Kerevan (East Lothian) (SNP)]

I am grateful to be called to speak, Madam Deputy Speaker. I commend your patience, but sadly I think this will not be the end of the need for patience on the part of those who sit in that august Chair. We are discussing a motion to allow extra time for tabling amendments and new clauses, which I will be glad to support—we are certainly discussing the business of the house, not the content of next week’s Bill and debate. The charge is that the Government have begun, very consciously, to politicise the procedures and business of the House. That is why, now we have a little time, we have to hold the Government to account for that politicisation of the business of the House.

[Stephen Doughty]

The hon. Gentleman is making a strong point. I wonder whether, like me, he has noticed the Government Chief Whip and other Whips scuttling back and forth, which suggests that they are worried about this place having its say on motions and procedures. Throughout the process, the Government have presumed that they can do whatever they like without reference back to this Parliament.

[George Kerevan]

I take that point. I am not saying this to chide the Government, but I am trying to bring out into the open in this Chamber what we all know: the Government have been introducing a new parliamentary convention that flows on from the fact that we had a referendum that went against the Government. In panic and shock, the Government, whose Back Benchers are divided, decided on a new convention, which was to use the Crown prerogative to ram through whatever they wanted, based on the decision for Brexit in the referendum. That is in stark contrast to the whole history of this Chamber.

Yemen

Debate between Stephen Doughty and George Kerevan

Thursday 12th January 2017 Commons Chamber

[George Kerevan]

Fortunately, I can safely say that I do not possess and have never possessed a driving licence. I make the point again that I am not trying to identify Saudi as the only culprit in this difficult situation. I am saying that the only people we can influence is the Saudi regime. That is why I am trying to get the British Government to underwrite and support an independent inquiry.

My final point relates to the possible legal culpability of British service personnel, whom I greatly applaud. The Cluster Munitions (Prohibitions) Act 2010 makes it clear that it is an offence to “assist, encourage or induce” other persons to make use of cluster bombs. That is a pretty wide definition. As long as the British Government go on underwriting the Saudi air offensive, the more it becomes a possibility that British personnel could fall under that heading.

[Stephen Doughty]

The hon. Gentleman is making an important point about legal culpability, but does he agree that that relates not just to cluster munitions but to the wider sales and compliance with the arms trade treaty? I do not know whether he has had the chance to look at the freedom of information request, but officials in the Foreign Office were clearly very exercised. They say that, owing to the high-profile nature of this subject and the attention it is getting from Parliament, the media and the courts, they have been advised that they have to correct answers. They are clearly worried about their legal position. Is that why we are seeing such obfuscation from them?

[George Kerevan]

I totally accept what the hon. Gentleman says. In his contribution, he made the wider legal case very well.

My worry is for British personnel if a legal case begins to develop. The Minister alluded to section 9 of the 2010 Act, which gives a defence for British personnel involved in an international conflict with allies who might not be party to the UN cluster convention, but the problem is that it is only a technical, theoretical defence. I do not think that section 9 could be interpreted beyond a point where we know a non-compliant state is deliberately using British cluster weapons over a long time, causing great civilian casualties. The position under the 2010 Act then becomes more opaque. Will the Minister comment on what legal advice the British Government have taken on those grounds?