Sale of Arms: War in Yemen

To ask the Secretary of State for International Trade if she will make a statement on her decision to resume the sale of arms to the Saudi-led coalition for use in the war in Yemen.

The Secretary of State has retaken the licensing decisions, as required by the Court of Appeal. All existing and new applications for Saudi Arabia for possible use in the conflict in Yemen will be assessed against the revised methodology, which considers whether there is a clear risk that the equipment might be used in the commission of a serious violation of international humanitarian law.

The revised methodology was developed to address the Court of Appeal’s judgment. It considers all allegations that are assessed as likely to have occurred and that have been caused by fixed-wing aircraft, reflecting the factual circumstances that the court proceedings concerned. It remains the case, however, that it can be extremely difficult to reach firm conclusions as to whether specific incidents violate the principles of international humanitarian law. Therefore, where an incident is assessed as a possible breach, it is regarded for the purposes of the relevant analysis as if there were breaches of IHL. I emphasise that that analysis is just one part of the assessment.

In retaking these decisions, the Secretary of State has considered the full range of information available to the Government. Some of that information is necessarily sensitive and confidential. I am therefore not able to go into detail about individual assessments. The crucial point is that we have assessed that there were a small number of incidents that have been treated, for the purposes of this analysis, as violations of international humanitarian law. However, these were isolated incidents and our analysis shows that Saudi Arabia has a genuine intent and the capacity to comply with international humanitarian law and the specific commitments it has made.

It is on that basis that the Secretary of State has assessed that there is not a clear risk that the export of arms and military equipment to Saudi Arabia might be used in the commission of a serious violation of international humanitarian law.

Thank you, Mr Speaker, for granting this urgent question, although I am sorry the Secretary of State cannot be dragged here to explain her own decisions. There is certainly much explaining to do. In my limited time, I have five questions for the Minister and one specific request.

First, we welcome the Secretary of State’s assessment of possible violations of international law in Yemen, but can the Minister explain why his brother Ministers have been telling the House for the last five years that such an assessment was impossible for Britain to make, and that it could be made only by Saudi Arabia itself? Were those Ministers simply wrong?

Secondly, the Secretary of State has concluded that where international law was broken in Yemen these were “isolated incidents”. Can the Minister tell us how many such incidents were identified, so that we can understand how they define the word “isolated”?

Thirdly, the Government say they have found no patterns of civilian infrastructure being targeted. Can the Minister therefore explain why, for 17 months at the start of the war, Saudi planes systematically destroyed Yemen’s means of food production, bombing farmland, markets, milk plants and fishing boats? If that is not a pattern, what is?

Fourthly, as well as deliberate targeting, the Minister will know that the indiscriminate bombing of civilian areas is in itself a war crime, but the Government say the Saudis could not have meant to break international law because their violations

“occurred at different times, in different circumstances and for different reasons.”—[Official Report, 7 July 2020; Vol. 678, c. 339WS.]

Does the Minister not agree that that sounds like the very definition of the word “indiscriminate”?

I thank the right hon. Lady for her questions, and start by saying that we absolutely share her concern about the humanitarian tragedy in Yemen, which is why the UK is actively engaged in seeking further diplomatic solutions. Let me try to deal with her questions, as far as I am able, as some of the matters are within the competence of the Foreign, Commonwealth and Development Office and the Ministry of Defence.

Ministers have of course not been wrong in their assessment; if they had been wrong, they would have come to the Dispatch Box. The consolidated criteria have been used in all the assessments of the licences. The number of incidents is an operational question; the role of the Department for International Trade is in assessing the consolidated criteria.

The right hon. Lady talked about a number of incidents over different times and in different ways. The assessment was that there is no pattern in the behaviour of Saudi Arabia, and that these were isolated incidents over some considerable time and also at different times.

The right hon. Lady mentioned the intention and capacity to comply and publish the full assessment of the various incidents and asked for a full analysis of each incident. It is worth saying—as you, Mr Speaker, will certainly understand—that assessments of the different incidents that took place in Yemen will often be informed by confidential information that comes to the Government not necessarily from Saudi Arabia; it would not be appropriate for us to publish those assessments. What we have published, however, are the consolidated criteria and the quarterly lists of each licence that has been granted.

The Minister knows that I am a longstanding critic of the policies towards Yemen of the Saudi coalition, which the British Government continue to support, but it is my purpose today not to call for an arms embargo, but rather to ensure that in granting these contentious licences UK arms export licensing regime members continue to benefit from DFID’s expertise once that Department is dismantled. DFID officials sit on the export licensing Committee, and I would like the Minister’s reassurance to the House that that DFID DNA, which is very important to making these decisions in the licensing Committee, will still be available.

I pay tribute to my right hon. Friend for his long time as Secretary of State for International Development and the exceptionally good work that he did over a considerable time, when we were in opposition and in government, and particularly the strong voice that he has had in relation to the conflict.

The part of my right hon. Friend’s question about the Committees on Arms Export Controls is properly a matter for the Committee, under the chairmanship of my hon. Friend the Member for Wyre Forest (Mark Garnier). However, he has said that the International Development Committee will continue to take part in its public sessions for as long as that Committee continues in existence.

On my right hon. Friend’s other point about DFID officials, the Government are obviously very keen that DFID and international development expertise in the region continues to be recognised and utilised.

This UK Government are increasingly chaotic and incoherent. Last week, the Foreign Secretary announced a new sanctions regime, claiming that the UK will be a stronger force for good, while the International Trade Secretary resumed arms sales to Saudi Arabia, demonstrating that profit comes before peace. The international community, our allies and the UN have been clear that the arms trade to Saudi Arabia should be stopped due to the mounting evidence of what UN experts have described as “potential war crimes” and widespread and systematic strikes on civilian targets. Yemen has also been described as “hanging by a thread”, with more than 1 million covid infections.

With the UN ascribing tens of thousands of civilian deaths to the Saudi military, how can the Secretary of State tell the UK with any certainty that there is not a clear risk of serious violations in exporting arms, describing previous violations as merely “isolated incidents”? Can the Minister tell us how many isolated incidents there are? Who collated this evidence? Will he explain why the UK is going against the international community? Surely these actions remove any legitimacy that the UK Government can be a stronger force for good in the world.

First, I strongly refute the allegation that the UK Government are not a strong voice for good in the world. That is absolutely our mission right the way across the Government. The hon. Gentleman asked about the announcement by the Foreign Secretary last week in relation to sanctions on individuals. I think that is a separate matter, but we have been absolutely clear to condemn the attack on Mr Khashoggi the year before last and to make sure we have a robust regime of human rights sanctions coming from the original Magnitsky law, which my right hon. Friend the Foreign Secretary was one of the originators of, and with which I was involved at the time.

In terms of the number and type of incidents, I am not at liberty to publish that, given the confidential nature of a lot of the information involved. However, what I can say is that the UK has one of the strongest arms control regimes in the world, we use the consolidated EU and national criteria and we are now using the revised methodology to come to these decisions that we are happy with.

I, too, am disappointed that the Secretary of State is not here this afternoon to answer this urgent question herself. She based her decision on a detailed assessment of all the alleged incidents where international humanitarian law has been violated in Yemen, so let me ask the question again: will the Minister ask his boss to publish that assessment, so that the people of the UK can see the evidence and be able to judge whether the Secretary of State is right simply to dismiss those violations as isolated?

The incidents or the allegations are not being dismissed, but we are clear that we need to follow a sensible set of criteria and that is why we have the consolidated criteria in place to assess export licences going forward. But I return to what I said earlier: it would not be appropriate for the Government to publish their findings in relation to incidents in Yemen in the past.

Can the Minister reassure the House that the Government can still, if necessary, review, suspend or revoke licences?

I thank my hon. Friend for that question. She is absolutely right. Licences can be reviewed or revoked in line with the consolidated criteria. That is the basis on which arms control works in this country and always has done under successive Governments.

The Minister says that the Government have a very strong arms control system, but back in September last year, he will recall that the Government were guilty of granting 14— or was it 20?—unlawful arms export licences. It does seem that last week’s announcement, a day after the Magnitsky sanctions were imposed, was incredibly cynical. Is that not the case?

No, it is not the case. I think the hon. Gentleman refers in his question to the Secretary of State apologising to the House, and indeed to the Court, for the inadvertent breaches of the Court judgment last June. However, we are talking today about a forward-looking way of doing this, using the revised methodology based on the consolidated criteria.

Will my right hon. Friend please explain to the House why there has been a delay in reaching this decision?

I thank my hon. Friend for that question. It was vital that the Government got this right first time with a comprehensive assessment. The Court judgment last year was a very serious matter, and it was absolutely right that we took the time to have a comprehensive assessment process in accordance with the legal approach identified by the Court of Appeal last June.

Like many people listening today, I am astonished that the Minister has said that the global human rights sanctions regime is a separate matter from selling arms to the brutal Saudi regime. Can he tell me how this Government can, in all good conscience, continue to export weapons to Saudi Arabia when we know that there is a risk that they may be used in Yemen, after 17,640 civilian casualties have been documented in that country? Is it simply a case of profit before Yemeni lives?