Page:Hansard (UK) - Vol 566 No. 40 August 29th 2013.pdf/12

1443 Martin Horwood (Cheltenham) (LD): I very much welcome the right hon. Gentleman’s doctrine that evidence should precede decision; that is a stark change from at least one of his predecessors. [ “Hear, hear.”] Does he believe that the evidence that has been presented to us today by the Joint Intelligence Committee is compelling or not?

Edward Miliband: I think it is important evidence, but we need to gather further evidence over the coming days. That is part of persuading the international community and people in this country of President Assad’s culpability, and I think that is important. Let me also come to the hon. Gentleman’s earlier point, though, because the Prime Minister raised it too. I am very clear about the fact that we have got to learn the lessons of Iraq. Of course we have got to learn those lessons, and one of the most important lessons was indeed about respect for the United Nations, and that is part of our amendment today.

On the question of the Security Council, I am also clear that it is incumbent on us to try to build the widest support among the 15 members of the Security Council, whatever the intentions of particular countries. The level of international support is vital, should we decide to take military action. It is vital in the eyes of the world. That is why it cannot be seen as some sideshow or some “moment”, but is an essential part of building the case, if intervention takes place.

Andrew Selous rose—

Mr MacNeil rose—

Dr Julian Huppert (Cambridge) (LD) rose—

Toby Perkins (Chesterfield) (Lab) rose—

Edward Miliband: I give way to the hon. Member for Cambridge (Dr Huppert).

Dr Huppert: The Leader of the Opposition is right that the UN Security Council should not be just a sideshow, but why does his amendment merely say that the Security Council should have voted on the matter, rather than that it should have voted in favour of some intervention?

Edward Miliband: I will come directly to that question. It is because there will be those who argue that in the event of Russia and China vetoing a Security Council resolution, any military action would necessarily not be legitimate. I understand that view but I do not agree with it. I believe that if a proper case is made, there is scope in international law—our fourth condition—for action to be taken even without a chapter VII Security Council resolution. Kosovo in 1999 is the precedent cited in the Prime Minister’s speech and in the Attorney-General’s legal advice; but the Prime Minister did not go into much detail on that advice.

It is worth noting that in the Attorney-General’s legal advice there are three very important conditions. The first condition is that there must...be

The second is that

That is a testing condition, which we need to test out in the coming days and the coming period. Thirdly,

So the Attorney-General concludes in his advice—it is very important for the House to understand this—that there could be circumstances, in the absence of a chapter VII Security Council resolution, for action to be taken, but subject to those three conditions. That is the case that must be built over the coming period. These principles reflect the responsibility to protect, a doctrine developed since Kosovo which commands widespread support.

The Prime Minister: The right hon. Gentleman is right; I did not cover everything in my speech. I could have gone into more detail on the Attorney-General’s advice. The Leader of the Opposition mentioned the three conditions. I just thought for the clarity of the House, for those who might not have had time to read it, I would point out that the very next sentence of the Attorney-General’s advice is:

Edward Miliband: Well, that is the Attorney-General’s view—[Interruption.] That is the view that needs to be tested out over the coming period. Of course that is the case and a judgment will have to be made. Additionally, the responsibility to protect also demands a reasonable prospect of success in improving the plight of the Syrian people, and that responsibility is an essential part of making this case. That takes me to the final point of the road map we propose.

Glenda Jackson: I am referring to the fourth paragraph of our road map. My right hon. Friend has already touched on the fact that any action must be legal, proportionate and time-limited, but the amendment goes on to say that it must have “precise and achievable objectives”. Will he detail what those objectives are?

Edward Miliband: I am coming exactly to that point, which is that the Government need to set that out in the coming days. That takes me precisely to the final point of the road map. Any military action must be specifically designed to deter the future use of chemical weapons; it must be time-limited with specific purpose and scope so that future action would require further recourse to this House; and it must have regard for the consequences of any action. We must ensure that every effort is made to bring the civil war in Syria to an end, and principal responsibility for that rests, of course, with the parties in that conflict, and in particular President Assad.

Mr Brazier: Will the right hon. Gentleman give way?

Edward Miliband: I want to make a bit more progress.

The international community also has a duty to do everything it can to support the Geneva II process, and any action we take—this is the key point—must assist that process and not hinder it. That is the responsibility that lies on the Government and their allies—to set out that case in the coming period.