STATEMENT BY BARONESS SYMONS
FCO MINISTER OF STATE

HOUSE OF LORDS LONDON

Source: UK Foreign and Commonwealth Office

November 28, 2002

My Lords, on 7 November, I repeated a Statement made by my right honourable friend the Foreign Secretary about the negotiations on a new United Nations Security Council resolution. I said then that I hoped that a large majority of the Security Council would vote in favour of the resolution. As your Lordships know, the following day, on 8 November, Security Council Resolution 1441 was adopted unanimously.

The resolution was supported by all five permanent members of the Security Council, and by countries as diverse as Mexico, Cameroon, Ireland and Syria. Resolution 1441 represents the considered and unanimous view of the international community that Iraq must end its defiance of the United Nations and comply with its obligations.

Negotiations on Resolution 1441 were long and intensive. It took eight weeks of unrelenting high-level diplomatic contacts. Its unanimous adoption is a tribute to the efforts of my right honourable friends the Prime Minister and the Foreign Secretary. It is also a tribute to the expertise and professionalism of many British diplomats and officials in New York, London and around the world. Noble Lords have recognised that in previous deliberations on this topic in the past few weeks; and I reiterate that commendation now.

Resolution 1441 gives the Iraqi regime a final opportunity to comply with its disarmament obligations. When we discussed that on 7 November, some noble Lords were concerned that the resolution was not one with which Iraq could comply. I assure your Lordships that it is not designed to trick or trap the Iraqi regime. It is designed to achieve the peaceful disarmament and destruction of Saddam Hussein's weapons of mass destruction through an effective inspection regime. It sets out a path to achieve that peacefully if the Iraqis choose to follow it.

We should be under no illusion about Saddam Hussein's ability to obfuscate and evade. He has been doing just that for a decade. Dr Blix and Dr El Baradei have a difficult and sensitive job ahead of them. They must be allowed to do the work that the United Nations has mandated them to do, and we wish them well. In passing, let me add that we reject recent ill-founded criticisms of the inspectors' records. The Iraqis were able to exploit loopholes in the previous inspection regimes in order to confound the inspectors; it is not correct to blame Dr Blix and Dr El Baradei for those deficiencies. One of the new resolution's merits is that it has significantly strengthened the hand of the inspectors. So Dr Blix and Dr El Baradei have the complete support and confidence of Her Majesty's Government and the international community. It is now up to the Iraqi regime to recognise its responsibilities and give its full co-operation to UNMOVIC and the teams in Iraq.

We have heard only this morning of allegations that the Iraqi regime is bugging the weapons inspectors' accommodation. Any interference with the inspectors would be a serious matter but it would hardly be a surprise, given Saddam's record of dishonest dealings with the international community.

I know that noble Lords have questions about how Resolution 1441 will be implemented. Your Lordships have asked about what would constitute a material breach, about who will decide if a material breach has taken place and about the possibility of a second Security Council resolution. Questions have also been raised about the process of continued consultation of noble Lords and those in another place. I want to take this opportunity today to set out the Government's view on those questions. But I should also make it clear at the outset that I agree with the points already forcefully made by some noble Lords. I do not believe that it is sensible to speculate on all the circumstances that might arise and how the Government might react to all Iraqi actions. Surprise may be a key advantage to us.

Resolution 1441 makes it clear that Iraq, 'has been and remains in material breach of its obligations', under existing Security Council resolutions, in particular through its, 'failure to co-operate with United Nations inspectors and the International Atomic Energy Agency'.

The resolution sets out the demand that Iraq confirms within seven days of the resolution being passed its intention to comply fully with it. Iraq has now sent two letters in response. Both letters have been grudging in tone and long on denial of the legitimacy and legality of UNSCR 1441. However, we are treating them as positive responses to the demand of the Security Council.

The next deadline is 8 December. By that time, under operative paragraph 3, Iraq must have provided to UNMOVIC, the IAEA and the Security Council an 'accurate, full and complete declaration of all aspects of its programmes to develop chemical, biological and nuclear weapons, ballistic missiles and other delivery systems'.

Dr Blix and Dr El Baradei have already given clear advice to the Iraqi regime on what is expected of it. The Government of Iraq must account for large stocks of WMD, which the previous UNSCOM reports, the last of which was prepared in January 1999, recorded as unaccounted for. That material included up to 3,000 tonnes of precursor chemicals; up to 360 tonnes of bulk CW agents, including 1.5 tonnes of VX nerve agent; more than 30,000 special munitions for delivery of chemical and biological agents; and large quantities of growth media acquired for the use of the production of biological weapons—enough to produce more than three times the amount of anthrax that Iraq admits to having manufactured. Inspections by UNMOVIC and the IAEA resumed in Iraq yesterday, four weeks ahead of the Security Council deadline. The inspectors will be required to update the Security Council on progress by 25th January.

Operative paragraph 4 of the resolution says that a further material breach arises where there are 'false statements or omissions in the declarations submitted by Iraq ... and failure by Iraq at any time to comply with, and co-operate fully in the implementation of, this Resolution'.

That defines in general terms what a further material breach will consist of. As I have already said, it is never possible to give an exhaustive list of all the conceivable behaviours that would be covered. That judgment must be made against real circumstances as and when they arise. Those circumstances are by their nature unpredictable and it would be wrong to second guess or hypothesise. But I can assure noble Lords that a material breach does not mean something trivial. It means something significant: some behaviour or pattern of behaviour that is serious; deliberate and concerted attempts to obstruct or impede the inspectors or to intimidate witnesses; behaviour or patterns of behaviour that show Iraq's intention to defy the stated will of the international community in the shape of Resolution 1441.

Some noble Lords have been concerned about who decides what constitutes a material breach. The noble Baroness, Lady Williams, raised her concerns about that point. If there is evidence of attempts to mislead the inspectors, to conceal information, or failure to comply with a resolution or to co-operate with the inspection teams, that can be reported to the Security Council either by a Security Council member or by the inspectors themselves. Under the resolution the inspectors are required to report to the Security Council any Iraqi interference or failure to comply with its disarmament obligations, and the resolution makes it clear that these include all the other relevant UNSC resolutions as well as 1441. But whoever reports a material breach, it is inconceivable that the Council would act on such a report without seeking the opinion of the inspectors.

If we reach such a situation—I hope that we do not—an immediate meeting of the Security Council would be called to consider the situation. Operative paragraph 12 requires the Security Council to convene 'immediately upon receipt of a report under paragraphs 4 and 11 to consider the situation and the need for full compliance with all of the relevant Council Resolutions in order to secure international peace and security'.

At that point there would be a discussion about the most suitable response by the international community. Those deliberations would precede any remedial action, including military action, to enforce the Security Council's will.

Let me at this point move on to the question of a second resolution. As I made clear to your Lordships on Monday, the preference of the British Government in the event of a material breach is that there should be a second Security Council resolution authorising military action. The issue of whether Resolution 1441 should stipulate that there should be a second resolution to authorise such action was discussed among the members of the Security Council but a proposal to that effect was never tabled. Resolution 1441, which was adopted by unanimity, does not say that there must be a second resolution to authorise military action in the event of a further material breach by Iraq.

We place our faith in the United Nations to shoulder its responsibilities should a material breach be reported to it. The Security Council's record to date has potently demonstrated the international community's collective will on this issue. Kofi Annan has said: 'If Iraq's defiance continues, the Security Council must face its responsibilities'.

But, as my right honourable friend said in another place on Monday, we must reserve our position on whether or not to have a second resolution in the event that the Security Council does not do so. As Resolution 1441 states, the 'Council has repeatedly warned Iraq that it will face serious consequences as a result of its continued violations of its obligations'.

Saddam Hussein should be in no doubt of that. The Government stand foursquare behind Security Council Resolution 1441. We do not believe that it should have conditions imposed upon it by insisting on a second resolution before military action can be authorised. That is not what the resolution says and we are sticking with the resolution.

Let me go forward on the question of military action. No decision on military action has yet been taken by Her Majesty's Government. There is no inevitability about military action. We are not seeking a confrontation with Iraq, although we shall not shirk it. The resolution provides a peaceful pathway for the disarmament of Iraq's weapons of mass destruction. Saddam has it in his power to avoid military action and to start his county back on the road to a normal position in the international community. But we must remember that we have got this far in terms of Saddam's compliance only because our active diplomacy has been backed by the credible threat of the use of force. For that threat to remain credible, it is crucial that we make proper preparations.

Your Lordships would be right to criticise the Government if, at the same time as vigorously pursuing peaceful disarmament through the United Nations, we did not look at our preparedness for military action in the event that that process fails. So it is right that the Ministry of Defence should make prudent preparations to ensure that we have servicemen and servicewomen available in the right numbers and with the right skills and equipment. The more prepared we are, the greater the likelihood of full compliance by Saddam Hussein without the use of force. I am aware that these exceptional times put our Armed Forces under great pressures. But, as the Chief of the Defence Staff, Admiral Sir Michael Boyce, said on 20th November: 'We will maintain a capability to respond to any future requirements falling on the armed forces'.

Any decision by Her Majesty's Government to take military action will be put before Parliament as soon as is practicable. My right honourable friend the Foreign Secretary has said that he hopes that that would be before any military engagement—if it should come to that. But, as your Lordships will acknowledge, any decision must be taken with the safety of our Armed Forces uppermost in our minds.

In short, the choice is Saddam Hussein's. He can take the pathway to peace set out in the resolution or, by defying the international community's will, he can provoke military action. If he chooses the path of full co-operation, the way lies open to the suspension and the lifting of sanctions and the readmittance of Iraq to the family of nations. That is what he and his people have to gain through the Security Council resolution, and it is an enormous prize. But, if he chooses to frustrate the will of the international community, he will expose his people to the serious consequences cited in Resolution 1441. This position is backed by the European Union, by NATO and by the Arab League. All have made clear statements that Iraq must work with the international inspectors.

Some of your Lordships may be concerned about regime change. Her Majesty's Government's policy is to change the regime's behaviour with respect to weapons of mass destruction. If we can achieve that without using military force to bring about a change of regime, so much the better. But should the regime go as a result of action to remove Iraq's illegal weapons, the United Kingdom will be at the forefront of international efforts to provide a stable future for Iraq.

When we have discussed Iraq before, many of your Lordships have asked why we should seek to ensure compliance of UN resolutions in Iraq's case when resolutions in respect of other countries remain outstanding. As I have said before, we seek the implementation of all UNSCRs. And we are working with other countries subject to SCRs to that end, particularly with respect to the dreadful and distressing conflict in the Middle East. Our sympathy goes out to all those caught up in yet another appalling tragedy in Kenya this morning.

Progress towards resolving that conflict and assuring the only workable solution—the creation of a viable Palestinian state, co-existing with an Israel confident of her security within her borders and within the region—is depressingly slow. But there are some positive developments. We now have full international support for the "two states" solution. The process of negotiation has been established under the quartet of the United Nations, the United States, the European Union and the Russian Federation. Let no one pretend that solutions will be quick or easy—but we are determined to continue to pursue them.

Just as it is high time that the Iraqi regime complied with its obligations concerning the safety and security of its region, it is high time too that it realised its responsibilities to its own people. Their suffering has been immense under a regime which murders, tortures and rapes political opponents, which has used poisonous gas to kill thousands of its own people, and which ignores the plight of its own sick and hungry.

Saddam Hussein accuses the international community of depriving his people of food and vital resources that they need to assure adequate medical treatment. But the truth is very different. The Oil for Food programme has been a lifeline for the Iraqi people, allowing not just food, but billions of pounds worth of goods, including hi-tech medical equipment, to be shipped to Iraq. Saddam's policy has been to frustrate this programme in an attempt to gain ill-deserved sympathy for his regime. And the sad truth is that programmes such as the OFF programme would not be necessary at all if Saddam Hussein would only take the path mapped out for him towards lifting sanctions. The choice in this respect too is his.

Iraq's is, sadly, not the only bad regime in the world. But it is unique in combining so many seriously reprehensible qualities. For more than 10 years Iraq has defied the expressed will of the United Nations Security Council. Contrary to its international obligations, Iraq has been amassing weapons of mass destruction. Saddam Hussein has shown that he is, indeed, prepared to use those weapons against his neighbours and against his own people. Iraq has destabilised its region and, throughout, Saddam Hussein's regime has shown a despicable contempt for human rights.

Resolution 1441 gives Iraq one last chance to rehabilitate itself and to comply with its international obligations. The choice is Saddam Hussein's. He must take it or he must face the consequences.