Re-Export Controls Bill [HL]

My Lords, I support this modest Bill introduced by the noble Lord, Lord Alton. When he first sent me a copy of it, my immediate reaction was to ask myself why we would not want to know when arms are re-exported somewhere else. From a security and intelligence point of view, I should have thought it would make absolute sense to say that permission needs to be sought to do this so that we know what is going on. That seems to me entirely consistent with the national security policy embodied in the security and defence review. Of course, we need to know about this matter. We need to have as much information as possible about where these arms are ending up in case they fuel conflict. When they introduced the Export Control Bill in 2002, I am amazed that the previous Government did not include such a provision in that worthy piece of legislation. Therefore, this Bill constitutes a necessary tidying-up. I argue that supporting this measure would go with the grain of the coalition Government’s declared ““foreign policy with a conscience”” that we debated yesterday. I want to use some quotes in support of that proposition. Most obviously, the national security strategy states that the number two priority is tackling the root causes of instability. Indeed, my right honourable friend the Prime Minister said in another place on 19 October, when presenting the strategic defence review, "““we must get better at treating the causes of instability, not just dealing with the consequences. When we fail to prevent conflict and have to resort to military intervention, the costs are always far higher””.—[Official Report, Commons, 19/10/10; col. 798.]" That is entirely consistent with what has been put forward here. The strategic defence and security review repeats that exact sentiment. The re-exporting of small arms to fragile states is certainly one of those causes of instability that we should track down. Moreover, my right honourable friend Andrew Mitchell, the Secretary of State at the Department for International Development, said in an excellent speech to the Royal College of Defence Studies on 16 September: "““Britain has a proud tradition of standing up for a more equal world where people live in dignity and where they are protected from those who would harm them. As the Foreign Secretary said some time ago: ‘it is not in our character to have a foreign policy without a conscience: to be idle or uninterested while others starve or murder each other’””." Those are profound statements. This leads me on to another point and one of the reasons why all Governments often get in a tangle over defence exports, because responsibility for defence exports lies within the Department for Business, Innovation and Skills. There is a significant departmental team numbering approximately 180—larger than all the other departments put together in terms of export sales. They promote British exports, and we are all in favour of that. I am concerned that that effort should be joined up with other departments which have an interest in this matter—the Foreign Office, the Ministry of Defence and the Department for International Development. A lot of good work has been done by this coalition Government in trying to increase the level of co-ordination. I am very proud of that. When one looks at the way in which money in the strategic defence review has been diverted from defence into a pool shared between DfID and the Ministry of Defence to deal with conflict prevention, and the sums increased from £210 million to £300 million, that is a clear statement that resources are being put behind the effort to tackle the causes of instability. I return to my first point. Why would we not want to know where weapons go which may be used to fuel a conflict and cause instability, when it is our national security policy to prevent that? Why would we not want to deal with it? In conclusion, I shall refer to an excellent and helpful report, House of Commons Paper 178. It was a joint report by the Business and Enterprise, Defence, Foreign Affairs and International Development Committees, Scrutiny of Arms Export Controls (2009). It was a very good and well researched document. A chairman of one of those Select Committees, Peter Luff, is now an excellent Minister at the Ministry of Defence. The report came to some interesting conclusions regarding re-exports. It states on page 4, paragraph 9: "““We conclude that, despite the Government’s view””—" the then Government’s view— "““that non re-export clauses would be an unnecessary burden as they would be difficult to enforce, the requirement to have a non re-export clause in contracts for the supply of controlled goods would send a clear message to both parties to the contract that re-export to certain countries is unacceptable. We recommend that the Government gives further consideration to blocking this demonstrable loophole in its arms export controls regime””." That was in 2009. The report continues in paragraph 10: "““We conclude that we do not agree with the Government’s decision not to enhance controls on the exports of UK controlled goods produced under licence overseas and we recommend that the Government should explain in its Response why it came to this decision and whether it will reconsider its policy””." I looked further through the report in vain for such a response. There was none then, and I guess that it is because the case is unanswerable. My noble friend Lord Lyell, in his excellent contribution, described himself as the mouse that roared—and we all enjoyed that. The time has come for the Government to demonstrate that they are not the lion that squeaked.