David Lammy demands David Cameron stops ‘hiding from scrutiny’ and takes questions from MPs to answer on whether continued arms sales puts government ‘in breach of domestic law’

Today, Sunday 7 April, David Lammy MP, Labour's Shadow Secretary of State for Foreign, Commonwealth and Development Affairs, has accused the Foreign Secretary, Lord Cameron, of “dodging scrutiny on arms sales … a matter of enormous legal and diplomatic importance.”

In a letter sent to the Foreign Secretary six months into the Middle East conflict which begun with Hamas's appalling 7 October terrorist attack, Lammy has accused Cameron of ignoring his letter calling for legal advice on arms sales to be published, failing to answer questions from journalists and failing to act on the Procedure Committee's recommendation to take questions from MPs at the Bar of the House of Commons. 

In the letter, Lammy says there is “there is extensive plausible evidence that the threshold for suspending arms licences been crossed,” but that “determining this legally is the proper task of competent lawyers, not politicians.”

Labour is therefore calling on the Foreign Secretary to:

1. Publish the foreign office legal advice on arms sales to Israel and explain whether the Prime Minister's office is blocking the advice from being published.
2. Request to come to the Bar of the House of Commons in order to takequestions from MPs on the legality of arms sales to Israel and the war in Gaza more broadly, in line with historical precedent and the process recommended by the procedure committee.
3. Put out a statement unequivocally stating that the UK is following Criterion 2C of the Strategic Export Licensing Criteria, which says the UK cannot ‘grant a licence if it determines there is a clear risk that the items might be used to commit or facilitate a serious violation of international humanitarian law' – as well as backing the ICC and the ICJ. 

In the letter, Lammy highlights the risks of the government failing to act on its own advice, saying “The law is clear. If the legal advice says there is a clear risk of arms the UK is supplying breaching international humanitarian law, sales of those arms must be suspended. If this advice has been given to the government, but ignored, the government may be in breach of domestic law.”

He goes on to accuse the Foreign Secretary of “going silent”, saying: “You have ignored my letter calling on the government to publish the legal advice. You have failed to answer journalists' questions on the matter, with the BBC reporting that in your interview ‘The foreign secretary said he would not answer any questions on Israel-Gaza'. And you have so far taken no action to come to the Bar of the House of Commons to take questions from MPs as recommended by the procedural committee back in January.”

Six months into the conflict, Lammy also calls on the government to play its part in international efforts to secure an immediate ceasefire, a plan for the reconstruction of Gaza and a pathway to a two-stat solution: “As a priority, I ask that the UK focuses its diplomatic efforts on securing an immediate ceasefire, the immediate release of all hostages, and immediate unimpeded aid to Gaza. The government must also not lose focus on what comes on day one after the war, including the reconstruction Gaza and an urgent pathway two state solution,” Lammy said.

Ends

Full text of letter below:

Dear David,

It is now six months since the appalling 7 October terrorist attack by Hamas terrorists, which killed more than 1200 and has left hostages still in chains in Gaza. Since then, Israel's campaign has led to an intolerable death and destruction, with more than 33,000 Palestinians killed and more than a million facing the imminent prospect of famine. 

As I said in my letter on 22 March, to which I have received no reply, the government has a responsibility to take the numerous allegations made of serious breaches of international humanitarian law by Israeli forces incredibly seriously, particularly in light of the UK's continued arms sales to Israel.

As Foreign Secretary, you have a responsibility to provide legal advice to the Secretary of State for Business and Trade to inform export licensing decisions. It is essential that the criteria are applied rigorously to Israel as to any other country. Criterion 2C of the Strategic Export Licensing Criteria makes clear that the Government will:

‘Not grant a licence if it determines there is a clear risk that the items might be used to commit or facilitate a serious violation of international humanitarian law.' 

The law is clear. If the legal advice says there is such a clear risk, sales of those arms must be suspended. If this advice has been given to the government, but ignored, the government may be in breach of domestic law.

In light of the deaths of seven aid workers, including James Kirby, James Henderson and John Chapman, the ICC's investigation, the ICJ's interim ruling, numerous statements by international institutions including the UN, and your own claim that you are ‘worried' that ‘Israel has taken action that might be in breach of international law because this particular premises has been bombed or whatever', there is plausible evidence that the threshold for suspending arms licences been crossed. However, determining this legally is the proper task of competent lawyers, not politicians.  

On 8 March, you said you would get new advice from the government's lawyers on Israel's compliance with international law “in the coming days.” However, since then you have gone silent on this vital matter. You have ignored my letter calling on the government to publish the legal advice. You have failed to answer journalists' questions on the matter, with the BBC reporting that in your interview ‘The foreign secretary said he would not answer any questions on Israel-Gaza'. And you have so far taken no action to come to the Bar of the House of Commons to take questions from MPs as recommended by the procedural committee back in January.

We cannot have a Foreign Secretary dodging scrutiny on arms sales, which is a matter of enormous legal and diplomatic importance. Alongside the questions in my letter dated 22 March, I ask that you urgently: 

1. Publish the legal advice which, given you have not suspended arms sales, must show there is not a clear risk that items exported to Israel might be used to commit or facilitate a serious violation of international humanitarian law.
2. Explain whether Number 10 has instructed you not to publish the advice, as well as when you last discussed the matter with the Secretary of State for Business and Trade.
3. Request to make an exceptional statement on the Gaza conflict and take questions from MPs from the Bar of the House of Commons. There is historical precedent for Lords making such requests and it is line with the Procedure Committee's recommendation ‘that the House be given the opportunity to approve a motion enabling Secretaries of State in the House of Lords to appear at the Bar of the House of Commons for departmental question time, and for statements and urgent questions, for the remainder of this Parliament.'
4. Put out a statement unequivocally committing the UK to complying with international law in this conflict, including a) following Criterion 2C of the Strategic Export Licensing Criteria in relation to IHL, as well as b) publicly supporting the ICC's investigation into alleged war crimes committed by all parties in the Occupied Palestinian Territories and recognising its jurisdiction in this matter, and c) for the first time calling on Israel to implement the provisional measures in the ICJ's binding January ruling in full.

As a priority, I ask that the UK focuses its diplomatic efforts on securing an immediate ceasefire, the immediate release of all hostages, and immediate unimpeded aid to Gaza. The government must also not lose focus on what comes on day one after the war, including the reconstruction Gaza and a pathway to a two-state solution.

Yours sincerely,

David Lammy

Labour's Shadow Foreign Secretary