§ Harry CohenTo ask the Secretary of State for Foreign and Commonwealth Affairs what plans he has to promote new legislation to tackle nuclear weapons proliferation and the involvement in it of UK citizens and corporations operating from abroad; and if he will make a statement. [171923]
§ Mr. MacShaneCurrent legislation provides for the criminalisation of involvement in nuclear weapons proliferation by UK citizens or corporations including when operating from abroad. The Anti-terrorism, Crime and Security Act 2001, which came into force on 14 December 2001, strengthened then existing legislation controlling chemical, nuclear and biological weapons. It introduced equivalent offences to those contained within the Chemical Weapons Act 1996 in respect of biological and nuclear weapons, and introduced a new offence of assisting or inducing certain weapons-related acts overseas. In the nuclear field these are
knowingly causing a nuclear weapon explosion;developing, producing, or participating in the development or production of, a nuclear weapon;having a nuclear weapon in (his) possession;participating in the transfer of a nuclear weapon; orengaging in military preparations, or in preparations of a military nature, intending to use, or threatening to use, a nuclear weapon.The Act applies to acts outside the United Kingdom when they are carried out by United Kingdom nationals, Scottish partnerships and bodies incorporated under the law in any part of the United Kingdom, Channel Islands, Isle of Man or any colony. We will keep under review the need for any further legislation.
Tackling the threat posed by the spread of weapons of mass destruction remains a top priority for the UK, as my right hon. Friend the Foreign Secretary made clear in his Statement to the House on 25 February 2004, Official Report, columns 46–49 WS. The UK was instrumental in getting Security Council agreement to UNSCR 1540, passed on 28 April 2004. The UNSCR addresses a current gap in international law in addressing the problem of WMD proliferation by non-state actors and is a concrete example of the Security Council responding to a threat to international peace and security. It makes clear that all states have a responsibility to take steps to prevent WMD proliferation, and places legally binding obligations on all states of the UN under Chapter VII of the UN Charter (threats to international peace and security).