Gaza: UK Assessment

Brendan O'Hara Excerpts

Wednesday 14th May 2025 Commons Chamber

[Mr Falconer]

I remind the House of the decisions that we took last year. We have discussed the question of the F-35 global spares pool. The basis on which we made a carve-out is clear and has been debated many times. Let me be clear: aside from that carve-out, when we came into government, we took on the solemn duty of making an assessment, which did not appear to have been made, of the serious risk of potential breaches of international humanitarian law. We then suspended arms export licences where those weapons could be used in such conduct—that means in Gaza, on the west bank, and in relation to all the areas where those risks accrued. We took far-reaching action. That action is still in place, and we continue to conduct those assessments.

I can understand why many Members may feel frustrated by the F-35 carve-out. Perhaps they also feel frustrated about our continuing to sell arms that do not risk a violation, according to the assessment that has been much discussed here. We think it right that we, for example, continue to provide body armour that might be used by non-governmental organisations in Gaza, or provide parts of the supply chain that could end up in the hands of NATO allies. We have taken far-reaching action on arms. That is important work that we are proud of.

[Brendan O’Hara (Argyll, Bute and South Lochaber) (SNP)]

I have just returned from the High Court this morning, where Government lawyers will argue, in defending the continued supply of F-35 components, that the evidence available does not support a finding of genocide, and that there is a

“tenable view that no genocide has occurred or is occurring”.

It appears that the Government—whether they have told the Minister so or not—have already made a determination, and that explains why they have no intention of asking for an independent assessment of whether a genocide is likely. The Government know that if they did ask for one, it would reveal an unpalatable truth that would prevent them from supplying Israel with the weapons that it needs to continue its merciless onslaught. It really is as grubby as that, isn’t it, Minister?

[Mr Falconer]

It is not as grubby as that. First, we will not litigate an ongoing legal case in the Chamber, as Members would expect. A judicial review on the F-35 element is happening over these days. The judge will find on that, and we will respect the judgment. Let me be absolutely clear to the hon. Gentleman: we continue to conduct assessments across a full range of responsibilities under international law. It is simply not true to suggest that we are avoiding making any internal assessment in order to justify policy. We continue to assess these things carefully. We do it on a rolling basis, regularly. What he says is simply not true.