Parliament should ‘immediately’ vote on fighter jet part exports, MP says

Parliament should vote “immediately” on whether the Government should continue exporting fighter jet parts used by Israel, an MP has said after the High Court dismissed a legal challenge.

Palestinian human rights organisation Al-Haq took legal action against the Department for Business and Trade (DBT) over its decision to continue licensing exports of components for F-35 fighter jets, telling a hearing in May that it was unlawful and “gives rise to a significant risk of facilitating crime”.

In a 72-page ruling on Monday, Lord Justice Males and Mrs Justice Steyn dismissed the legal challenge.

Unnecessary

The senior judges said that “the conduct of international relations” is a matter for the executive, rather than the courts, and that it would be unnecessary to decide whether there was a “significant risk” that the carve-out could facilitate crimes.

In September last year, the Government suspended export licences for weapons and military equipment following a review of Israel’s compliance with international humanitarian law in the conflict.

But an exemption was made for some licences related to parts for F-35s, which are part of an international defence programme which produces and maintains the fighter jets, with the UK contributing components for both assembly lines and an international pool.

Israel is not one of the “partner nations” of the programme, the court heard, but is a customer and can order new F-35 aircraft and draw on a pool for spare parts.

Speaking outside the Royal Courts of Justice after the ruling, Richard Burgon, Labour MP for Leeds East, said Parliament should vote “immediately” on whether the exports should continue.

He said: “There may be some in the Government who, after receiving this court judgment, might feel pleased or relieved. I would say that is a big mistake.”

Judgement

He continued: “The court’s judgment has been very clear that on the subject of the provision of F-35 parts to the international pool, it is not a matter for the courts, it is a matter for the Government.

“The Government now has nowhere to hide. It can’t pass the buck.”

He added: “The Government needs to take moral responsibility now and decide whether or not it wants to continue complicity in a genocide.”

Yasmine Ahmed, UK director of Human Rights Watch, said the judgment had stood “behind the justification of national security”.

She told reporters: “The court today has invited Parliament to now hold the executive to account, to ask questions and to ensure that the Government is complying with their international obligations.

“Today is not the end. Today is the beginning of the fight we will all continue for the rights of the Palestinian people.”

‘Thorough and lawful’ 

Former labour leader Jeremy Corbyn, who sits as an Independent MP, said the judgment sent a “very disappointing message” and that “MPs must take it upon their own shoulders to be responsible for this”.

He added: “I think the court was very keen on throwing the issue back to the executive and back to Parliament and not wanting to make a decision which they felt could infringe on the executive.

“Another court, another day, another time, might have made a different decision. That’s the decision they made.”

A Government spokesperson said after the ruling: “The court has upheld this Government’s thorough and lawful decision-making on this matter.

“This shows that the UK operates one of the most robust export control regimes in the world. We will continue to keep our defence export licensing under careful and continual review.”