Arms Export Licences: Israel

Wayne David Excerpts

Tuesday 12th December 2023 Westminster Hall

[Wayne David (Caerphilly) (Lab)]

It is a pleasure to serve under you, Sir Christopher.

I begin by thanking my hon. Friend the Member for Coventry South (Zarah Sultana) for securing this undoubtedly important debate. Like many other Members, I have received many emails from concerned constituents about this issue. As we all recognise, the humanitarian situation in Gaza is dire in the extreme. Following the horrific attacks of 7 October, more than 18,000 people have been killed in Israel’s operation and nearly 2 million people have been displaced. The scale of death and destruction seen over the last two months has been intolerable and truly appalling. Like so many Members in all parts of the House, I am particularly heartbroken by the death of so many children.

I have said many times that Israel has a right to defend itself from Hamas’s attacks, but the right to defence is not an unqualified right; it is not a blank cheque. At all times, Labour has demanded that Israel act in accordance with international law. That requires acting in line with the principles of necessity, distinction, proportionality and precaution. Labour also supports the independence of the International Criminal Court and recognises the court’s jurisdiction over the conduct of all parties in Gaza. The international community can and must push for a renewed cessation of violence, and use that to make political progress towards what we all want to reach: an end to this conflict and a permanent ceasefire.

Let me turn to the specific issue of defence exports. It is important to state clearly what an incredibly important role the UK defence industry plays in our economy. Our defence industry is rightly a source of pride across many communities in Britain. It helps to grow the economy, it creates jobs and it helps to keep our country safe. Let us remember that the UK defence industry supports 133,000 jobs in the UK. Many of those jobs are well paid and highly skilled. In my view, it is vital that we retain and develop a domestic defence capability, a sovereign capability, rather than become over-reliant on others. The defence industry is vital to our national security and to equipping our armed forces and those of many of our NATO allies. It is only because of that defence that we can contribute weapons to Ukraine so that it is able to defend itself against aggression.

At the same time, however, it is essential that the defence industry is subject to a robust set of export controls, and Labour is equally clear on this point. That is the reasonable thing to do. Export controls help the UK to ensure compliance with our international obligations under the arms trade treaty, for example. They also help to retain confidence in the UK’s world-leading industry. Indeed, we believe that the arms export regime should be strengthened, with the aim of ensuring that it is transparent and fully committed to upholding international law, and I agree that the role of Parliament should be much stronger in that function.

[Claudia Webbe (Leicester East) (Ind)]

Does the hon. Member recognise that the UK has licensed over £470 million in arms sales to Israel since 2015, and that the real number could be far higher because much of the sales volume is hidden behind open licences that allow unlimited exports that are not included in reported numbers? Indeed, according to the Campaign Against Arms Trade, the value of defined-value arms licences since 2015 is £560 million. When he talks about transparency, does he agree that the Government need to be more transparent and clear about the extent of arms licensing?

[Wayne David]

The hon. Lady makes her point extremely well. That is why we need transparency. I cannot honestly respond to her question because I do not know; I do not think anybody knows, apart from the Government. Transparency is vital, and it is imperative that we have the scrutiny of Parliament in the future.

These rules should apply consistently and equally to all countries. Specifically with regard to Israel, I note that the Government have said that no offensive military equipment has been delivered to Israel since 7 October. They previously said that they keep relevant licences under review and will not grant an export licence because to do so would be inconsistent with strategic export licensing criteria.

As the criteria state, UK arms exports should not be allowed if there is a serious risk that those arms will be used for external aggression or internal repression. Not only is this a moral issue, but it reflects the legal requirements that the Government are obliged to follow. The criteria include—as they should—stringent requirements in relation to international law. Under the export criteria, a licence should not be granted if

“there is a clear risk that the items might be used to commit or facilitate internal repression…or… a serious violation of international humanitarian law”.

It is there in black and white. The Government have also stated that they will take account of the risk that weapons might be used to commit or facilitate serious acts of violence against women or children.

We have all seen our television screens. The concerns about Israel’s conduct in this military operation are widespread across all parts of this House. Israel has faced serious allegations from bodies including the United Nations and is the subject of an ongoing investigation by the International Criminal Court. I believe that this raises serious questions about Israel’s compliance with the license criteria, which the Government have a duty to assess and address as part of any export process, should that be sought.

I therefore ask the Government for a guarantee that the export criteria will be applied vigorously and robustly to Israel in the light of the conduct of the conflict in Gaza. Labour supports our defence industry, but we also want it to be subject to vigorous export controls. Those should apply to Israel as they do to any other country. Those export controls must be vigorously applied, particularly in the light of the conflict in Gaza, about which all of us have such grave and profound concerns.

Draft Register of Overseas Entities (Definition of Foreign Limited Partner, Protection and Rectification) Regulations 2023

Wayne David Excerpts

Monday 24th April 2023 General Committees

[Wayne David (Caerphilly) (Lab)]

I do not claim to be an expert in this quite complicated area, but I would like to ask a very basic and fundamental question. We all support clamping down on money laundering, and we all know the stories about London being the capital for Russian money laundering and illicit activity, but I wonder whether the Minister can explain what exactly is meant by “protection”. As I understand the explanatory memorandum, protection is the withholding of personal information from public inspection—but surely we would all agree that there is a need for as much public inspection and transparency as possible.

Will the Minister explain why the SI will allow applications for so-called protection, needed because an individual is at serious risk but the risk would no longer need to be linked to the overseas entity? What exactly is the risk, and who would make the determination? Would it be a civil servant, or would there be ministerial oversight or intervention involved in assessing whether the with- holding of information is appropriate and justified?

CPTPP: Conclusion of Negotiations

Wayne David Excerpts

Monday 17th April 2023 Commons Chamber

[Kemi Badenoch]

My right hon. Friend has said it better than I could. This deal has been universally welcomed across the board by countries with Governments of different political flavours, because they recognise that it is good not just for the UK or for them, but for global trade more broadly.

[Wayne David (Caerphilly) (Lab)]

What prior discussions where there with the devolved institutions about the UK Government’s negotiating position, and what is going to happen now? Will there be consultation on the ratification process?

[Kemi Badenoch]

Yes, there was discussion. The process started in 2018, so it is not just something that happened under my tenure. There will be the usual process of parliamentary scrutiny under the Constitutional Reform and Governance Act 2010, where we will be able to look at all the detail, just as we did with the Trade (Australia and New Zealand) Act 2023.