§ 17 Before Clause 7, insert the following new clause—
§ "Guidance about the exercise of functions under control orders
- (1) This section applies to licensing powers and other functions conferred by a control order on any person in connection with controls imposed under this Act.
- (2) The Secretary of State may give guidance about any matter relating to the exercise of any licensing power or other function to which this section applies.
- (3) But the Secretary of State must give guidance about the general principles to be followed when exercising licensing powers to which this section applies.
- (4) Where—
- (a) the description of thing being controlled is within one or more of the categories mentioned in the Schedule; or
- (b) the activity being controlled could have one or more of the possible consequences that are of a kind mentioned in the Table in paragraph 3 of the Schedule, the guidance required by subsection (3) must state that regard shall be had, when exercising such powers, to—
- (i) issues relating to sustainable development; and
- (ii) issues relating to any possible consequences of the activity being controlled that are of a kind mentioned in the Table in paragraph 3 of the Schedule: but this subsection does not restrict the matters which may be addressed in guidance.
- (5) Any person exercising a licensing power or other function to which this section applies shall have to any guidance which relates to that power or other function.
- (6) A copy of any guidance shall he laid before Parliament and published in such manner as the Secretary of State may think fit.
- (7) In this section "guidance" means guidance stating that it is given under this section.
- (8) The consolidated criteria relating to export licensing decisions announced to Parliament by the Secretary of State on 26th October 2000 shall (until withdrawn or varied under this section) be treated as guidance which—
- (a) is given and published under this section; and
- (b) fulfils the duty imposed by subsection (3) in respect of any export controls and transfer controls which may be imposed in relation to goods or technology of a description falling within paragraph 1 or 2 of the Schedule."
The Commons agreed to this amendment with the following amendment—
17A Line 12, leave out from beginning to end of line 18 and insert, "The guidance required b subsection (3) must include guidance about the consideration (if any) to be given,"
§ Lord Sainsbury of Turville
My Lords, I beg to move that the House do agree with the Commons in their Amendment No. 17A to Lords Amendment No. 17. I have already spoken to these amendments.
§ Moved, That the House do agree with the Commons in their Amendment No.17A as an amendment to Lords Amendment No. 17.—(Lord Sainsbury of Turville.)
Lord Joffe moved, as an amendment to Commons Amendment No. 17A, Amendment No. 17B:
Line 2, leave out from "must" to end and insert "state that consideration shall be given, so far as relevant,".
§ The noble Lord said: I have already spoken to this amendment, but I take the opportunity to deal with some of the Minister's responses. The amendment accepts that the Government need discretion in making decisions on the export of arms. As the right reverend Prelate the Bishop of Oxford pointed out, the question is: how much discretion do the Government need? I do not believe that the degree of discretion which the words "if any" give is justified.218
§ I welcome the Minister's assurance, but while I would accept without hesitation any personal commitment that the Minister gives, as the noble Lord, Lord Judd, pointed out the Government have not always abided by their commitment. I remind the Minister that as regards their manifesto commitment to ban the traffic in arms wherever that may take place, the Government have most clearly not honoured it.
§ I do not accept the dangers of conflict which the European Union pose and which the Minister so vividly described. I do not believe that there is a conflict. Matrix Chambers has confirmed that there is no conflict. I remind the Minister and the House of the preamble to the European code which states clearly that these are minimum standards.
§ It is sad that the Government, having delivered this excellent Bill, should be so steadfast in their refusal to consider a most obvious amendment which poses no dangers at all and which is consistent with the Government's approach. There is a feeling among the NGO consortium, the NGO generally, and among government supporters, that by failing to accept this amendment and pursuing the Government's weasel words "if any", they discredit what is really an excellent and admirable Bill. With that in mind I wish to test the opinion of the House.
§ 4.34 p.m.
§ On Question, Whether the said amendment (No. 17B) shall be agreed to?
§ Their Lordships divided: Contents, 74; Not-Contents, 142.220
|Division No. 1|
|Addington, L.||Mackie of Benshie, L.|
|Alderdice, L.||Maclennan of Rogart, L.|
|Allenby of Megiddo, V.||McNally, L.|
|Ampthill, L.||Maddock, B.|
|Barker, B.||Mar and Kellie, E.|
|Chester, Bp.||Monson, L.|
|Clement-Jones, L.||Moore of Wolvercote, L.|
|Craig of Radley, L.||Naseby, L.|
|Craigavon, V.||Newby, L.|
|Croham, L.||Northbourne, L.|
|Darcy de Knayth, B.||Northover, B.|
|Dearing, L.||Oakeshott of Seagrove Bay, L.|
|Dholakia, L.||Oxford, Bp.|
|Eames, L.||Perry of Walton, L.|
|Erroll, E.||Phillips of Sudbury, L.|
|Ezra, L.||Portsmouth, Bp.|
|Falkland, V.||Razzall, L.|
|Fearn, L.||Redesdale, L. [Teller]|
|Goodhart, L.||Renfrew of Kaimsthorn, L.|
|Greaves, L.||Rodgers of Quarry Bank, L.|
|Hamwee, B.||Rogan, L.|
|Harris of Richmond, B.||Roll of Ipsden, L.|
|Holme of Cheltenham, L.||Roper, L.|
|Hooson, L.||Russell, E.|
|Hylton, L.||Russell-Johnston, L.|
|Jenkins of Hillhead, L.||Sandberg, L.|
|Joffe, L. [Teller]||Sandwich, E.|
|Kilclooney, L.||Scott of Needham Market, B.|
|Laird, L.||Sharp of Guildford, B.|
|Linklater of Butterstone, B.||Shutt of Greetland, L.|
|Ludford, B.||Slim, V.|
|Smith of Clifton, L.||Walmsley, B.|
|Stern, B.||Walpole, L.|
|Strange, B.||Warnock, B.|
|Thomas of Gresford, L.||Watson of Richmond, L.|
|Thomas of Walliswood, B.||Wigoder, L.|
|Tope, L.||Williams of Crosby, B.|
|Acton, L.||Haskel, L.|
|Ahmed, L.||Haskins, L.|
|Allen of Abbeydale, L.||Hayman, B.|
|Amos, B.||Hilton of Eggardon, B.|
|Andrews, B.||Hogg of Cumbernauld, L.|
|Archer of Sandwell, L.||Hollis of Heigham, B.|
|Ashley of Stoke, L.||Howells of St. Davids, B.|
|Ashton of Upholland, B.||Howie of Troon, L.|
|Barnett, L.||Hoyle, L.|
|Bassam of Brighton, L.||Hughes of Woodside, L.|
|Berkeley, L.||Hunt of Kings Heath, L.|
|Bernstein of Craigweil, L.||Islwyn, L.|
|Bhatia, L.||Jones, L.|
|Billingham, B.||Kirkhill, L.|
|Blackstone, B.||Layard, L.|
|Boothroyd, B.||Lea of Crondall, L.|
|Borrie, L.||Lockwood, B.|
|Bragg, L.||Lofthouse of Pontefract, L.|
|Bramall, L.||McCarthy, L.|
|Brennan, L.||Macdonald of Tradeston, L.|
|Brett, L.||McIntosh of Haringey, L. [Teller]|
|Brooke of Alverthorpe, L.||MacKenzie of Culkein, L.|
|Brookman, L.||Mackenzie of Framwellgate, L.|
|Brooks of Tremorfa, L.||Marsh, L.|
|Burlison, L.||Mason of Barnsley, L.|
|Campbell-Savours, L.||Massey of Darwen, B.|
|Carter, L.||Merlyn-Rees, L.|
|Christopher, L.||Milner of Leeds, L.|
|Clarke of Hampstead, L.||Mitchell, L.|
|Clinton-Davis, L.||Molyneaux of Killead, L.|
|Cohen of Pimlico, B.||Morris of Aberavon, L.|
|Corbett of Castle Vale, L.||Morris of Manchester, L.|
|Crawley, B.||Moser, L.|
|David, B.||Nicol, B.|
|Davies of Coity, L.||Orme, L.|
|Davies of Oldham, L. [Teller]||Ouseley, L.|
|Dean of Thornton-le-Fylde, B.||Parekh, L.|
|Desai, L.||Patel of Blackburn, L.|
|Dixon, L.||Pendry, L.|
|Dormand of Easington, L.||Peston, L.|
|Dubs, L.||Pitkeathley, B.|
|Eatwell, L.||Plant of Highfield, L.|
|Elder, L.||Puttnam, L.|
|Evans of Parkside, L.||Radice, L.|
|Evans of Temple Guiting, L.||Ramsay of Cartvale, B.|
|Evans of Watford, L.||Rendell of Babergh, B.|
|Farrington of Ribbleton, B.||Richard, L.|
|Faulkner of Worcester, L.||Rooker, L.|
|Filkin, L.||Sainsbury of Turville, L.|
|Fitt, L.||Scotland of Asthal, B.|
|Fyfe of Fairfield, L.||Serota, B.|
|Gale, B.||Sheldon, L.|
|Gavron, L.||Simon, V.|
|Gibson of Market Rasen, B.||Smith of Gilmorehill, B.|
|Golding, B.||Smith of Leigh, L.|
|Goldsmith, L.||Stone of Blackheath, L.|
|Gordon of Strathblane, L.||Strabolgi, L.|
|Goudie, B.||Symons of Vernham Dean, B.|
|Gould of Potternewton, B.||Taylor of Blackburn, L.|
|Graham of Edmonton, L.||Temple-Morris, L.|
|Greenway, L.||Tenby, V.|
|Gregson, L.||Thornton, B.|
|Grenfell, L.||Tomlinson, L.|
|Grocott, L.||Turnberg, L.|
|Hardy of Wath, L.||Turner of Camden, B.|
|Harrison, L.||Uddin, B.|
|Walker of Doncaster, L.||Williams of Elvel, L.|
|Warwick of Undercliffe, B.||Williams of Mostyn, L. (Lord Privy Seal)|
|Whitty, L.||Williamson of Horton, L.|
|Wilkins, B.||Woolmer of Leeds, L.|
§ Resolved in the negative, and amendment disagreed to accordingly.
§ On Question, Amendment No. 17A agreed to.
§ Bill returned to the Commons with amendments.