Clause 1 - Further implementation of CFE Treaty
Arms Control and Disarmament (Inspections) Bill [Lords]
8:55 am
Mr Denis MacShane (Minister of State (Europe), Foreign & Commonwealth Office; Rotherham, Labour)
As our shorthand writer will have taken a note of my previous remarks, I propose not to repeat them.
The 1991 Act provided the necessary right of entry to private land, so that international inspection teams could carry out challenge inspections under section VIII of the protocol on inspections in the CFE treaty. The treaty was subsequently amended by the agreement on adaptation of the CFE treaty, signed in Istanbul on 19 November 1999. That is called the adapted CFE treaty.
The adapted CFE treaty has an enhanced inspection regime, and rights of entry to private land are required to implement inspections under section IX of the protocol on inspections. Section IX inspections, also known as designated area inspections, require those rights because the inspections could cover a large area and would not necessarily be limited to military bases.
In addition, rights of entry are required to implement inspections under section VII of the protocol on inspections. Section VII inspections, otherwise known as declared site inspections, were part of the original CFE treaty but were not included in the 1991 Act. However, increased private ownership and operation of military sites in the UK since 1991 means that rights of entry to private land are now required to ensure that those inspections can be carried out.
The Bill does two things. First, it amends the 1991 Act to provide for such additional necessary rights of entry to private land to carry out inspections. Secondly, it confers a power on Her Majesty to make further amendments to the 1991 Act by Order in Council, should they be needed to implement further amendments of the CFE treaty that relate to inspections.
Clause 1(1) introduces schedule 1, which makes a number of amendments to the 1991 Act to provide for additional rights of entry. Schedule 1 makes three categories of changes to the 1991 Act. First, it adds new rights of entry to allow for the implementation of section VII and section IX inspections. Secondly, it amends the provisions that refer specifically to so-called challenge inspections under section VIII, so that they refer to all three types of inspection. Thirdly, it makes other consequential amendments to reflect amendments made to the protocol on inspections by the agreement on adaptation. Clause 1(2) notes that the repeals set out in schedule 2 have effect.
As I said, I received a letter from the hon. Member for Boston and Skegness, who wants more detailed clarification. I propose, with the Committee's permission, to write to him. I am happy to circulate a copy of that letter to other members of the Committee. I can go through all that orally this morning if that is the Committee's wish, but otherwise I will now sit down.