§ Simon HughesTo ask the Secretary of State for Foreign and Commonwealth Affairs which laws prohibit the use, production, possession and transfer of nuclear, chemical, biological and radiological materials which could be used as weapons of mass destruction; and if he will make a statement. [9904]
§ Mr. BradshawThe specific legislation which applies to weapons of mass destruction, in addition to the general criminal law of the United Kingdom, is as follows
The Chemical Weapons Act 1996 prohibits the use, development, production, possession and transfer of chemical weapons, and preparations of a military nature to use such weapons. Chemical weapons are defined as including toxic chemicals and their precursors, except where used for permitted purposes. Permitted purposes are peaceful purposes, purposes related to protection against toxic chemicals, legitimate military purposes, and purposes of enforcing the law;The Biological Weapons Act 1974 prohibits the development, production, stockpiling, acquisition or retention of any biological agent or toxin of a type and in a quantity that has no justification for prophylactic, protective or other peaceful purposes. "Biological agent" means any microbial or other biological agent; and "toxin" means any toxin, whatever its origin or method of production;The Radioactive Substances Act 1993 prohibits the possession of radioactive material (including nuclear material) less exempt quantities outside a licensed nuclear site without an authorisation;The Nuclear Installations Act 1965 prohibits the separation of plutonium or the enrichment of uranium without a permit and certain large scale nuclear activities without a nuclear site licence;The Nuclear Material (Offences) Act 1983 relates to certain offences involving nuclear material;The Nuclear Explosions (Prohibitions and Inspection) Act 1998 will make it an offence knowingly to cause a nuclear weapon test explosion or any other nuclear explosion, except in the course of 495W an armed conflict. This Act is not yet in force, since it is intended to give effect to certain provisions of the Comprehensive Nuclear Test Ban Treaty which is yet to enter into force;The Health and Safety at Work, etc. Act 1974 allows regulations to be made relating to the safety/security of radioactive material. Radioactive material other than nuclear material cannot be used to construct a weapon of mass destruction;Other health and safety regulations are also relevant in requiring certain procedures and safeguards over the use, storage and transport of hazardous materials which will contribute to containing the risk of their misuse as weapons of mass destruction;Export of nuclear, chemical and biological and radioactive goods is controlled by the Export of Goods (Control) Order 1994, as amended, Council Regulation (EC) No. 1334/2000, as amended and the Dual-Use Items (Export Control) Regulations 2000, as amended.Additionally, under the Terrorism Act 2000, a person commits an offence if he provides instruction or training in the making or use of firearms, explosives or chemical, biological or nuclear weapons, receives instruction or training in the making or use of the same items.Provisions relating to these matters will be included in the Emergency Anti-Terrorism Bill.