Arms Trafficking (Hansard, 21 January 1997)

§ Mr. Rifkind

Following media reports linking British companies to the supply of arms in contravention of UN embargoes to Rwandan extremists in Zaire, the Government announced on 19 November that they had established an inter-departmental committee to examine rigorously the United Kingdom's procedures in relation to trafficking in arms and to determine whether there had been a gap in controls, and if so what action needed to be taken. The committee's terms of reference were given to the House in a written answer from the Minister of State, Foreign and Commonwealth AffairsOfficial Report, 11 December 1997, columns 270–71.

The committee's report was submitted on 17 December. It notes that Customs investigators are seeking to establish whether there have been any illegal acts coming within the United Kingdom's jurisdiction. It would not be appropriate to comment further on Customs and Excise investigations at this stage.

The UN arms embargo on Rwanda was not implemented in the Crown dependencies, and there was also a delay in its implementation in the dependent territories. The gap in controls, which the report notes was a narrow one, has already been put right as recommended by the committee. Consideration is also being given to whether the precise terms of the existing Orders in Council implementing the UN arms embargo against Rwanda are adequate.

The committee reached four main conclusions: first, that there had been a lack of consistency in implementing embargoes in the UK, its dependent territories, and the Crown dependencies; secondly, that there were no structured arrangements for ensuring the timely and accurate imposition of embargoes; thirdly, that there was a need for greater clarity and transparency on the scope of the embargoes; finally, that under current UK legislation, trafficking could be prohibited only in relation to binding UN arms embargos.

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The committee recommended that:

(a) The UN arms embargoes against Rwanda, Somalia and Liberia should be implemented in the Crown dependencies as soon as possible. The necessary orders were made on 19 December.
(b) All future binding UN arms embargoes should be applied promptly in the UK and in Crown dependencies and the dependent territories, in accordance with HMG's international obligations.
(c) As a matter of policy, all other arms embargoes should be applied promptly in the UK, the Crown dependencies and the dependent territories, in consultation with the dependent territories concerned.
(d) An inter-departmental committee, chaired by the Cabinet Office, should co-ordinate the introduction, application, amendment and lifting of all arms embargoes, including their scope and announcement.
(e) This committee should also consider the preparation of a public document, which would set out the basis and scope of all current arms embargoes and which would be kept up to date.
(f) It should be determined, as a matter of priority, whether the precise terms of the Order in Council implementing the UN arms embargo against Rwanda are adequate and any necessary remedial action taken.
(g) A considered assessment of the advantages and disadvantages of primary legislation to prohibit arms trafficking, taking account of the factors identified in this report, should be conducted as part of the current Government review of strategic export controls.

The Government have endorsed the committee's report, a copy of which has been placed in the Library of the House, and will be implementing its recommendations.