Official Report: Minutes of Evidence

The Chairperson (Ms Ferguson): I advise members that, in line with agreed processes, a departmental assessment of impact was requested to assist the Committee in deciding whether to monitor the proposal. However, to date, no assessment of impact has been received.

Officials in the Executive Office (TEO) have stated that, as it is an excepted matter, Departments are not in a position to provide input or advice or to speak to the initiative. The secretariat requested confirmation of whether Departments had made any assessment of the proposal's impact here or whether such assessment was planned. TEO officials stated that they had contacted the Department for the Economy, the Department of Finance and the Department of Justice, and each had advised that it was not for it to comment and therefore could not make an assessment. As the relevant EU legislation amended by the proposal was not included on TEO's list of orphan files, the secretariat has asked for clarification.

Further in line with agreed processes, the Cabinet Office was asked whether the British Government had undertaken any engagement with Departments here on the proposal. Officials stated that the Departments were not engaged during the drafting of the explanatory memorandum (EM), as there was no appropriate individual or team responsible for strategic export controls. They stated that they remain able to speak to the Executive, should it be necessary, and expect them to continue monitoring the proposal due to its direct application in the North.

Members, having considered the legal advice and the British Government's EM, do you wish to monitor the progress —

Dr Aiken: May I come in a second, Chair, before we move on?

The Chairperson (Ms Ferguson): Yes.

Dr Aiken: It is interesting legislation, and it is a pity that we had no one from the Department for the Economy to speak to it. Members will be aware that legislation was passed in Spain to ban working with Israeli companies. However, Airbus, which uses a lot of defence equipment from Israeli companies, got an exemption through the Spanish and quoted this legislation. It is interesting because the Minister for the Economy said in October — I cannot remember the date: 16 or 26 October — that there was to be no interaction between defence industries and Israel, yet here we have EU legislation that categorically says, "You will work with defence equipment across the EU, no matter what is in it".

I have no problem with the legislation, and it is unique for me to say that about stuff that comes from the EU. It is good legislation, and it gives our defence industry more work. It also puts in their place the Economy Minister's position and her statement, which have no relevance and definitely go against the EU directives.

The Chairperson (Ms Ferguson): Thank you, Steve.