Clause 1 - Export controls
Export Control Bill
11:00 am
Mr Nigel Griffiths (Parliamentary Under-Secretary, Department of Trade and Industry; Edinburgh South, Labour)
By replacing ``may'' with ``shall'', the amendment would impose on the Secretary of State the legal requirement to make orders for the imposition of export controls of any description. It would remove the Secretary of State's discretion to take action or refrain from doing so when the United Kingdom's national interest might be at stake and when international obligations allowed such national discretion.
It is essential to recognise the fact that export controls may be imposed to comply with the UK's obligations under various international export control regimes. Such obligations would normally result from agreements between the UK and other sovereign states, in an EU or other international context. However, export control orders may be made for reasons determined by the UK itself, in the form of unilateral action in exceptional cases, such as export controls on broadcasting equipment to Yugoslavia, or in the timing or manner of introduction of orders to comply with international obligations.
In the absence of international agreement, it will be for the UK to decide whether to take action. In such cases, the Secretary of State must be allowed to have discretion to propose export control orders for parliamentary approval, or the discretion to decide not to do so, depending on the circumstances. The imposition of an obligation, as required by the amendment, would remove the Secretary of State's essential discretion to act or refrain from acting in the UK's interests when a choice had to be made. It is important that he or she has some discretion, so I invite the hon. Gentleman to withdraw the amendment.