Cluster Munitions (Prohibition) Act 2010

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Main benefits

• The good humanitarian result of prohibiting the use, production and transfer of cluster munitions on UK territory and by UK nationals.

• The Bill would implement CCM in UK law and thereby pave the way for the UK’s ratification of the Convention it signed in December 2008.

• Passage of the legislation by May 2010 would allow the UK to attend the first meeting of States Parties to the Convention scheduled for November 2010, and continue its leadership in this area.

• The CCM is a significant new arms control agreement banning the use, production and transfer of cluster munitions and the UK is committed to supporting its universalisation.
  
  

Main elements

• The Bill sets out a definition of cluster munitions and relevant explosive bomblets – the prohibited munitions to which provisions apply.

• The Bill then establishes offences in relation to these prohibited munitions. These offences are based on the prohibitions in Article 1 of the CCM to use, produce, develop, acquire, stockpile, retain or transfer to anyone, directly or indirectly, cluster munitions. It is also an offence to assist, encourage or induce anyone to engage in any of these prohibited activities.

• The Bill provides defences to certain necessary purposes. These purposes are allowed under the CCM and include: enabling the prohibited munitions to be destroyed; training in techniques in the detection, clearance or destruction of prohibited cluster munitions; and engaging in certain conduct during the course of military cooperation and operations with States not party to the CCM.

• The Bill also includes various, related provisions such as powers to enter and search premises for prohibited munitions; powers to remove, immobilise and destroy prohibited munitions; and for the production and disclosure of information for the purposes of the Bill and the CCM.
  
  

Dods commentary

The Cluster Munitions (Prohibition) Bill will criminalise using, producing developing, acquiring, stockpiling, retaining or transferring to anyone else cluster munitions.

The proposed Bill is required to ratify the articles of the Convention on Cluster Munitions which was signed by 96 countries on December 3 2008. When fully ratified, the Convention will bring about an international ban on cluster munitions.

In doing this the Bill will, according to an impact assessment carried out by the Foreign and Commonwealth Office “advance the wider policy goal of tackling the humanitarian and security threats posed by conventional weapons to the UK, to regional and global security, to human security and to sustainable development”.

The Bill builds upon Export Control Order 2008, brought in by the Department of Business, Innovation and Skills that placed cluster munitions in Category A, making them subject to the most stringent trade controls.

If brought in the Bill would also build upon commitments made in Building Britain’s Future report. One such example is stipulated below “To reduce the harm from conflict around the world we will also take forward a Cluster Munitions Prohibitions Bill, criminalising the production and use of these deadly weapons.”

The Cluster Munitions (Prohibitions Bill) is welcomed by both the major parties.

Progress

House of Lords

1st reading: 19 November 2009 [HL Bill 2]
2nd reading: 8 December 2009
Committee stage: 6 January 2010
Report stage: 20 January 2010
3rd reading: 8 February 2010

House of Commons

1st reading: 8 February 2010 (no debate)
2nd reading: 17 March 2010
Programme motion: 17 March 2010
Money resolution: 17 March 2010
Committee stage: 23 March 2010
3rd reading: 23 March 2010

Royal Assent: 25 March 2010