Gaza: Humanitarian Obligations

Debate between Brendan O'Hara and Hamish Falconer

Monday 24th November 2025 Westminster Hall

[Mr Falconer]

I thank my hon. Friend for that important contribution. I have been absolutely clear throughout that the GHF was no way to deliver aid. The cost to the people of Gaza was absolutely clear from the grim images of its operation that we saw day in and day out. It has always been the case that a system exists in order to provide aid across Gaza. It is not a perfect system, and where there are abuses of that system, they need to be investigated—I am very glad to hear from our partners that the looting of aid has considerably reduced following the ceasefire—but the system exists. The aid exists. It is the United Nations system. It is mentioned specifically in the 20-point plan. That is how aid must be distributed across Gaza.

[Brendan O’Hara]

I wholeheartedly agree with everything that the Minister has said, and applaud much of it. The restriction of aid in Gaza is utterly reprehensible. There have been multiple calls for action in this Chamber, but what is the plan if Israel says no? If Israel says that it is not allowing unfettered access to humanitarian aid, what do we do?

[Mr Falconer]

It may be helpful to the House if I set out what the UK sees as unfettered access. There are three areas where our advocacy is particularly focused. One is the registration provisions around NGOs, which was raised by many colleagues. We have raised that issue directly with the Israeli Government, which is what the hon. Member asked about in his intervention.

The second is dual-use items. There has been an overly restrictive approach to dual-use items that has restricted shelter, in particular, and a range of other things, including water purification equipment and a whole range of medical supplies. The dual-use list must be considerably loosened to enable the kinds of operations that so many hon. Members have discussed.

The third, turning to the comments of the hon. Member for Romford (Andrew Rosindell), is the crossings. There are two crossings open, which I understand the shadow Foreign Secretary saw during her recent visit, but significant crossings remain closed: the Allenby crossing into Jordan and the Rafah crossing. Those are two critical crossings, and their opening was clearly envisaged in the 20-point plan. It is on that point that we continue to press the Israeli Government.

The opening of those crossings is related to some of the important points made by hon. Members about both aid access going in and people coming out. I have told hon. Members before that I do not wish to be drawn on specific numbers of medically injured children and students whom we have assisted to leave Gaza. Many hon. Members in this Chamber have discussed some of these questions with me. Those whose questions I have not yet answered have my word that I will come back to them quickly. I can say that, after the most recent wave of evacuations, we have now exceeded the target that I had mentioned to some hon. Members in recent months. We have, after a series of evacuation operations, managed to save hundreds from what awaited them in Gaza and provided opportunities for them to take up here in the UK.

I take the point that the hon. Member for Argyll, Bute and South Lochaber (Brendan O’Hara), and others, have made that they would like to see larger numbers. There is a balance to be struck here. Clearly, medical assistance is most effective and timely in Gaza itself—on both sides of the yellow line. After that, it is most effective in the region, and I was pleased to be in Cairo recently seeing some of that provision. Where that assistance cannot be provided, it is appropriate that we look at specialist cases, as we have done.

Gaza and Hamas

Debate between Brendan O'Hara and Hamish Falconer

Wednesday 29th October 2025 Commons Chamber

[Mr Falconer]

Due process is incredibly important. I have raised this specific case with the Israeli authorities. It is important that adequate explanations are provided where people are detained, particularly doctors who are providing vital, lifesaving work. We will continue to take this matter up with the Israelis.

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

Overnight, more than 100 Palestinian civilians were killed by Israeli airstrikes. Once again, innocent civilians are suffering a collective punishment, this time imposed for breaches of the ceasefire by Hamas. Unless this Government believe that all Palestinian civilians are Hamas and are therefore legitimate targets, the Minister must unequivocally condemn these attacks on innocent civilians. Will he unequivocally condemn those attacks and call them what they are: an egregious breach of international humanitarian law?

[Mr Falconer]

I think I have covered those questions already in this session, but let me be absolutely clear: all Palestinians are very clearly not part of Hamas. So many Palestinians want to see an alternative. They want to see this process succeed and to see the ceasefire hold, and that is where our focus is.

Qatar: Israeli Strike

Debate between Brendan O'Hara and Hamish Falconer

Wednesday 10th September 2025 Commons Chamber

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

Israel’s bombing of Doha was the action of a state that knows it can act with complete impunity. Once again, the Netanyahu regime has shown that international law simply does not apply to it, and as long as this Government ignore the overwhelming evidence of the genocide in Gaza, so that they can profit from the sales of weapons to Israel, that situation will continue. Will Minister tell us—unless this is just another example of the performative condemnation that we have seen so often from this Government—what exactly the consequences will be for Israel for this egregious attack on Qatar?

[Mr Falconer]

I have set out some of the steps that we are taking in relation to this strike, including supporting an emergency session of the UN Security Council and having discussions with our allies, including the E3, which the Foreign Secretary will undertake shortly. I would not wish to be drawn further as we discuss this very important incident with our allies. I take issue with the hon. Gentleman’s characterisation. The conflict in Gaza is not a question that relates primarily to UK arms. We are a tiny supplier of residual arms. We have suspended the sale of all of those arms that could be used in Gaza. There are other states with much fuller arms relationships—[Interruption.]

[Brendan O’Hara]

The figure is 15%.

[Mr Falconer]

The hon. Gentleman says “15%”, when in fact he means 15% of components of the total F-35 supply. The truth about the total supply to Israel is that it is less than 1%.

Actions of Iranian Regime: UK Response

Debate between Brendan O'Hara and Hamish Falconer

Monday 7th July 2025 Commons Chamber

[Mr Falconer]

I would be—[Interruption.] There is an amusing degree of lightness from the Opposition Benches about security matters. I would be delighted to discuss this matter further. The question at issue in the Jonathan Hall report is the state threats proscription-like tool. I accept that the name is rather clunky, but it is focused on the fact that a state, in this case, has proved a persistent threat in the UK, using methods unlike those usually employed by a state. I will not say very much more about that, but Jonathan Hall has identified a gap and it is that gap that we are seeking to fill. I will be happy to meet my hon. Friend to discuss the issue further.

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

Last week, in the most tawdry and cynical fashion, a decision—born in anger and driven by revenge—was bulldozed through this House. I wonder: while the Government were discussing proscribing Palestine Action, did the Minister or any of his Foreign Office colleagues advise that Iran’s Islamic Revolutionary Guard Corps could also be added to the proscribed list? If they did not, why not? Perhaps he could explain to the House why his Government consider the IRGC to be less of a threat to our national security than Palestine Action.

[Mr Falconer]

In my last answer, I tried to illustrate why proscription of the IRGC is a complicated question, given gaps in the existing legislation. That is one of the reasons why Jonathan Hall has done his review. We are committed to taking forward his recommendations.

Israel and the Occupied Palestinian Territories

Debate between Brendan O'Hara and Hamish Falconer

Tuesday 10th June 2025 Commons Chamber

[Mr Falconer]

Let me be really clear for the House: we are not selling arms—not bombs, not bullets—for use by Israel in Gaza. We have a carve-out in the F-35 programme in order to maintain the programme, which we and so many of our allies benefit from, but where F-35 parts were directly being sold to Israel, that trade is suspended. We are not providing the weaponry that is being used in Gaza. I reassure my hon. Friends that I and the Government do not think that the actions we have taken today will be the golden answer to getting aid into Gaza. They will not be the golden answer for securing a ceasefire. We will continue to work on all those fronts until we achieve progress.

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

Although we welcome the sanctioning of Ben-Gvir and Smotrich, that should have happened a long time ago, and we now need to go much, much further. Further to the previous question, today’s announcement highlights the absurdity of the Government’s position. The Foreign Secretary recently described those Ministers’ views as “repellent” and “monstrous” and today’s statement accepts that Israel is guilty of human rights abuses and is in flagrant breach of international law. On what basis—legal or moral—can the Government continue to supply F-35 components, knowing that the end user will be a regime that they themselves have condemned for espousing repellent and monstrous views, and which they now accept is guilty of human rights violations and is in flagrant breach of international law?

[Mr Falconer]

For the purposes of time, I will not address the legal questions, not least given that they are being considered by a judicial review. We are confident that the limited carve-out we have done to maintain the functioning of the F-35 programme, which is vital to our national security and that of so many of our allies, is legal, proportionate and moral, and we will continue to fight that case in court.

Gaza: UK Assessment

Debate between Brendan O'Hara and Hamish Falconer

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.

Oral Answers to Questions

Debate between Brendan O'Hara and Hamish Falconer

Tuesday 13th May 2025 Commons Chamber

[Mr Falconer]

Let us not forget what this Government have done. We restored funding to the United Nations Relief and Works Agency after the Conservatives froze it. We suspended arms export licences whereas the Conservatives did not take action. We have provided £129 million in humanitarian assistance to the Occupied Palestinian Territories. We are not on the other side of the road. I welcome the right hon. Member’s strong views on this; I found his intervention last week very powerful indeed. There is no one on the Labour Benches who does not understand the gravity of the situation. That is why we invited the Palestinian Prime Minister, why we signed the memorandum of understanding, and why we are calling an urgent session of the Security Council. This Government will not be on the other side of the road from Palestinian suffering.

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

Last week the United Nations issued a report describing the situation in Gaza as

“one of the most ostentatious and merciless manifestations of the desecration of human life and dignity”.

The Government have always insisted that it is not for them but for the courts to determine what is and what is not a genocide, but the Minister will know that the genocide convention also puts a legal obligation on states to act to prevent a genocide. Does he believe that the UK has fulfilled its legal obligation under that convention to prevent a genocide in Gaza?

[Mr Falconer]

As I said to the right hon. Member for The Wrekin (Mark Pritchard), we are taking action—not just rhetoric, but action—to try to address the situation in Gaza. That includes calling the Security Council to an urgent session this afternoon, alongside our partners. We will continue to take the action that we think is needed to ensure that the people of Gaza get what they need.

London Sudan Conference

Debate between Brendan O'Hara and Hamish Falconer

Thursday 24th April 2025 Commons Chamber

[Mr Falconer]

I thank my hon. Friend for her important question. As I have said in previous answers, we are very focused on the fate of women and girls in Sudan. We have been working through the United Nations and with the emergency relief co-ordinator to ensure that the necessary aid is in place, whether that is for the function of hospitals, to support survivors or to protect the mechanisms to prevent civilian suffering. I will update the House once the position is clearer, given the events of the last few days.

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

I congratulate the right hon. Member for Dumfriesshire, Clydesdale and Tweeddale (David Mundell) on securing this urgent question and laying out the unimaginable horror of what is currently happening in Sudan. There is a very real danger that the catastrophe in Sudan will spread to neighbouring countries. Since 2023, an estimated 800,000 Sudanese refugees have fled to Chad, which is already one of the poorest countries in the world and ranked No. 1 in the list of countries at risk of genocide. What assessment has been made of the impact of overseas aid cuts to the likelihood of genocide occurring in Chad, and what are the Government doing proactively to prevent a genocide in Chad?

[Mr Falconer]

The hon. Gentleman asks an important question. Since the conflict began, 3.6 million refugees have fled to neighbouring countries. That of course includes Chad, but also Egypt, South Sudan, Uganda and the Central African Republic. Many of these countries I know well, and I served in South Sudan for the Department for International Development for two years. These are countries with delicate political balances and that have seen recent incidences of severe conflict. What happens in Sudan makes a difference to neighbouring countries. I do not think that what is centrally at issue here is UK aid to Chad. What is centrally at issue is violent displacement from Sudan, and we will remain focused on those questions.

Gaza: Israeli Military Operations

Debate between Brendan O'Hara and Hamish Falconer

Wednesday 2nd April 2025 Commons Chamber

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

Last week, the Foreign Secretary was unequivocal in saying that both sides—Hamas and Israel—were guilty of committing atrocities. Does the Minister agree with the Foreign Secretary that that is the case?

[Mr Falconer]

I think the hon. Gentleman is trying to return to the question asked by the Liberal Democrat Member. To be clear, on the determination of crimes, we leave that to courts. On the determination of risk, we take action.

Syria

Debate between Brendan O'Hara and Hamish Falconer

Monday 10th March 2025 Commons Chamber

[Mr Falconer]

We have had initial conversations with the interim Administration about some more practical questions around social services. I am happy to write to my hon. Friend with further details.

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

The Foreign Secretary is on record as saying that an inclusive political process that protects Syria’s religious and ethnic minorities was his top priority, but these attacks on civilian and minority groups have never ceased, and they were increasingly frequent before this recent atrocity. How is that strategy of protecting religious and ethnic minorities being implemented on the ground? What protective measures have been put in place in the past three months to defend those minority groups from further violent attacks? How is that being assessed and monitored so that prevention can be put in place before they happen again?

[Mr Falconer]

It is important to highlight that the violence over the weekend is not what we have seen since the fall of Assad. This is a particularly acute spike in violence. The hon. Member is right that we must do everything that we can to prevent the kind of violence that we saw over the weekend, and to understand its causes, the perpetrators and whether it has fully ceased. When I am in a position to make that assessment, I will be happy to return to the House.

Northern Gaza

Debate between Brendan O'Hara and Hamish Falconer

Tuesday 7th January 2025 Commons Chamber

[Mr Falconer]

We have raised those issues specifically, but I want to be straightforward with the House: we are clear that insufficient aid of all kinds is getting into Gaza. On almost any question that the House might put to me, there is insufficient aid, insufficient equipment and insufficient provisions for people to be existing in Gaza under those conditions, and we will continue to raise that with force with the Israelis for as long as that situation remains.

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

Exactly a year ago, Lord Cameron, when talking about the situation in northern Gaza, told the Foreign Affairs Committee that

“the conflict is now effectively over there”.

Unfortunately, no one seems to have told Tel Aviv, because babies are still freezing to death and the last hospital has been destroyed. In that year, while the faces on the Government Benches might have changed, the UK’s complicity in the mass killing of Palestinians remains as it has been. Given that nothing has changed, does the Minister genuinely believe that in another year from now he will be able to say that continuing to arm the IDF was moral and legal?