Clause 10 - Interpretation

Export Control Bill

Public Bill Committees, 18 October 2001, 9:30 am

Photo of Mr Robert Key

Mr Robert Key (Salisbury, Conservative)

I beg to move amendment No. 50, in page 6, line 30, leave out subsection (5).

When I read the excellent explanatory notes prepared by the Department of Trade and Industry and the Department for Culture, Media and Sport, I observed that no explanation was offered for the clause. Apparently, it was a simple omission from the explanatory notes. That always rings alarm bells and one wonders why the Department has decided not to explain the clause. Of course, it is rather obscure. Subsection (5) is all about whether technology is controlled technology.

Incidentally, having referred on Tuesday to the length of a piece of string, I suppose it was inevitable that someone would ask me: ``Why 600 ft?'' It is quite simple, and I had better complete this point or people will never stop asking me. In fact, controlled technology is relevant as 600 ft is 100 fathoms, and 100 fathoms was the length of cable required to anchor a man-o'-war in the average depth of the English channel, which is 30 fathoms. That is the answer to the 600 ft question. However, I digress slightly. That explanation of the question ``how long is a piece of string?'' is almost as obscure as subsection (5). I tabled the amendment, as I could not for the life of me see the point of the subsection. I should be grateful if the Minister would now enlighten us.

Photo of Mr Nigel Griffiths

Mr Nigel Griffiths (Parliamentary Under-Secretary, Department of Trade and Industry; Edinburgh South, Labour)

As the hon. Member for Salisbury (Mr. Key) said, the purpose of the amendment is to leave out subsection (5). The key point is that the definition of controlled technology is necessary to allow us to introduce proposed controls on technical assistance intended for weapons of mass destruction and related missile programmes. Technical assistance, to which controls can apply, will be that which is provided abroad for controlled goods and technology. The goods or technology to which assistance is provided will also be located abroad. Subsections (4) and (5) explain what is meant by controlled technology when it is held by a person, or at a place, outside the United Kingdom. Subsections (2) and (3) do the same for goods. Subsection (4) provides that controlled technology is that which, if transferred from the UK, would be subject to control. Subsection (5) allows an assessment of whether technology outside the UK is to be controlled based on the same considerations that would apply if it were transferred from the UK. That ensures that controls on technical assistance abroad can take into account the use to which the assisted technology will be put and to whom it is provided, as well as the type of technology in question. That is necessary where controls are determined by the end use of the technology.

I realise that that is a very technical point but it is an important one because, as I explained on Tuesday, we need to be able to implement controls on the provision of technical assistance to weapons of mass destruction and related missile programmes in order to implement the European Union joint action. In view of that explanation, I invite the hon. Member for Salisbury to withdraw his amendment.

Photo of Mr Robert Key

Mr Robert Key (Salisbury, Conservative)

I am grateful for that concise explanation, and I beg to ask leave to withdraw the amendment.

Amendment, by leave, withdrawn.

Clause 10 ordered to stand part of the Bill.

Clause 11 ordered to stand part of the Bill.