Monday 12th December 2016

(7 years, 11 months ago)

Commons Chamber
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Urgent Questions are proposed each morning by backbench MPs, and up to two may be selected each day by the Speaker. Chosen Urgent Questions are announced 30 minutes before Parliament sits each day.

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Tobias Ellwood Portrait Mr Ellwood
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I think that that is the point that everybody is most concerned about. Although it can take time for both parties to come to the table and work out the details, there is a sense of urgency in making sure that the humanitarian aid can get in as early as possible. That will be the focus of the next Quad meeting. Yes, we want parties to come together, but we immediately need access routes. We need the port to be opened fully so that container ships can go in and equipment can be distributed right across the country, not just through the port of Aden, which is how the material currently goes in.

Tom Brake Portrait Tom Brake (Carshalton and Wallington) (LD)
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Now that the Foreign Secretary is encouraging transparency and honesty in foreign affairs policy, does the Minister accept that, by signing up to the convention on cluster munitions, the UK is taking a stance that cluster munitions are always in violation of international humanitarian law owing to their indiscriminate and disproportionate nature? If so, arguing that the Saudi use of them is legitimate, as the Minister does, is completely contradictory and in violation of the convention, which states that the UK should always encourage Saudi Arabia not to use them. Why are the UK Government adopting that position?

Tobias Ellwood Portrait Mr Ellwood
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To be clear, it is against international law only if the country has signed the convention, and there are countries across the world that have yet to do so. We have signed it and it is our policy to encourage others to do so. I had a meeting last Sunday with all the Foreign Ministers of the Gulf Co-operation Council nations, and I formally invited every single one of the Gulf countries to consider signing the convention. I hope that we will be able to move forward on this.

--- Later in debate ---
Tobias Ellwood Portrait Mr Ellwood
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I am grateful for my hon. Friend’s comments. He is right to point out the difficulties in getting access to these areas. There are a series of checkpoints on roads which mean that humanitarian aid is denied. There are non-governmental organisations and commercial organisations—we are not forgetting those—that do have access in some cases, but some of the aid is taken away as a punishment or penalty, or as the cost of getting into the country. The port is not running properly; the cranes are not working—not one of the old cranes is working there. If we get them working, we will be able suddenly to increase tenfold the aid that can get into the country.

Tom Brake Portrait Tom Brake
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On a point of order, Mr Speaker.

John Bercow Portrait Mr Speaker
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A point of order on cluster musicians? Very well, I will take it now. [Interruption.] Not on musicians, no—I am sorry if I misspoke. It is on cluster munitions, which was what Jack Straw would have called the gravamen of the right hon. Gentleman’s concern. Let us hear it.

Tom Brake Portrait Tom Brake
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Thank you, Mr Speaker. You will have heard, just a couple of minutes ago, the Minister say that the Government are against cluster munitions, but I have before me a letter from the Minister dated 3 November 2016, in which he states:

“The UK maintains the view that cluster munitions are not prima facie illegal, and can be used in compliance with international law by States that are not party to the Convention…provided that they are used in a manner that is compatible with international humanitarian law, including distinction, proportionality and the obligation to take all feasible precautions.”

I am confused, because the Minister says that the Government are completely opposed to cluster munitions and yet in this letter he sets out a view that in some circumstances they are perfectly legitimate and acceptable to use.

John Bercow Portrait Mr Speaker
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The answer to the right hon. Gentleman is twofold. If what he wants is personal reassurance, I suggest that his appropriate recourse is to sidle up to the junior Minister and ask to have a cup of tea with him. Secondly, if he is concerned for the benefit of the House as a whole and he wants something formally on the record—as a former Deputy Leader of the House, I doubt he particularly needs my advice, but I will proffer it—he should table a written question on this substantive point upon which he requires clarification, and I think he will probably find his salvation coming pretty soon.