HL Deb 21 December 2004 vol 667 cc112-3WS
Baroness Symons of Vernham Dean

During his oral answer to the right honourable Member for Devizes (Mr Michael Ancram) on 14 December 2004 (Official Report, col. 1515), my right honourable friend the Secretary of State for Foreign and Commonwealth Affairs (Mr Jack Straw) said the following.

"Following an initiative by my predecessor, my right honourable friend the Member for Livingston (Mr. Cook), we now have a legally enforceable EU code of conduct on arms sales".

We would like to clarify this statement. The Code of Conduct, as incorporated into the Consolidated EU and National Arms Export Licensing Criteria, serves as binding statutory guidance to the Government in our assessment of application for strategic export licences under Section 9(5) of the Export Control Act. The Government is therefore required to have regard to the criteria set out in the Code when assessing such applications. Export licensing decisions may be subject to judicial review, including on the basis of failure to have proper regard to such criteria. However, the Code of Conduct is not per se directly legally enforceable before the UK or European courts.