Export Control Bill (Hansard, 16 October 2001)

§ Nigel Griffiths

My Department and the Department of Culture, Media and Sport have made available to Parliament dummy orders, that is drafts of possible orders using the powers in the Bill as they currently stand. Copies have been placed in the Libraries of the House. They are also available from my Department's library and on our website (www.dti.gov.uk/export.control). These dummy orders have been provided to assist Parliament in its scrutiny of the Bill by providing a clear indication of how the Government would propose to use the powers that would be conferred by the Bill.

We intend, however, to hold a full public consultation on drafts of the orders to be made following enactment of the Bill. This public consultation, which we currently expect to hold in the spring, will provide interested parties with an opportunity to comment on the details of secondary legislation that the Government propose to introduce under the Bill. We currently expect the dummy orders to be the basis for preparation of these draft orders for full public consultation.

The provisions in the dummy orders are based both on existing secondary export control legislation, consolidated and rationalised where appropriate, and on the Government's proposals for new controls to be introduced under the Bill. Proposals for new controls were set out in the Consultation Document on the Draft Bill (Cm 5091) published in March 2001.

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The Consultation Document sought views on options for certain aspects of the new controls on technical assistance and trafficking and brokering. The provisions of the dummy orders reflect decisions taken on these options in the light of the consultation results. Views were sought on whether controls on the provision of technical assistance to embargoed destinations should be introduced on a unilateral basis. The Government have concluded that such unilateral action is unlikely to be effective but we will use the powers in the Bill to implement requirements in international embargoes to impose controls on technical assistance. This will enable a higher maximum penalty to apply. In addition, as explained in the Consultation Document, the Government propose to introduce controls on the provision of technical assistance to weapons of mass destruction and related missile programmes.

The Consultation Document proposed the introduction of controls on trafficking and brokering to embargoed destinations, of equipment whose export we have banned because of evidence of its use in torture and of long-range missiles that would apply to the activities of United Kingdom persons overseas as well as to activities carried out in the United Kingdom. The Consultation Document also set out proposals for additional controls on trafficking and brokering. Views were sought on whether these additional controls should apply to all equipment on the "Military List" (the "Military List" is contained in existing export control legislation) or just to weapons, ammunition and certain other key military or paramilitary items. Views were also sought on whether these additional controls should apply to the activities of United Kingdom persons carrying out activities wholly abroad as well as to activities taking place in the United Kingdom. The Government have concluded, in the light of the consultation held, that these additional controls should apply to all equipment on the "Military List" and to activities, any part of which takes place in the United Kingdom, but not to the activities of United Kingdom nationals carried out wholly abroad. The Government will, however, as noted above, apply controls on trafficking and brokering by United Kingdom persons overseas of equipment used in torture and long-range missiles and trafficking and brokering by such persons to embargoed destinations. The Government will press for international embargoes to be imposed on countries in conflict.

Finally, the Consultation Document also sought views on proposals to replicate the current licensing regime for exports of objects of cultural interest. In the light of responses which broadly welcomed these proposals, the dummy order on the export of objects of cultural interest reflects the proposals contained in the Consultation Document.