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Arms campaigners seek BAE papers 'Secrecy needed' in Saudi deals
(about 8 hours later)
The government should be forced to release papers relating to the UK's biggest arms deal with Saudi Arabia, an Information Tribunal is being asked. The Saudi government trusts Britain to keep its business dealings secret, the British ambassador to Riyadh has said.
Documents on the £43bn Al-Yamamah deal between the UK and Saudi governments should be published, say campaigners. William Patey was giving evidence at an information tribunal, which will rule whether papers relating to a £43bn Al-Yamamah deal should be published.
The Ministry of Defence argues that it would be a breach of confidentiality. Campaigners say ministers are fighting the Freedom of Information request so as not to "offend" the Saudi royals.
Claims that BAE Systems paid bribes to secure the deal in the 1980s, denied, were at the heart of a Serious Fraud Office probe which was dropped in 2006. Mr Patey told the tribunal keeping a secret was "the basis on which we do business" with the Saudis.
The Campaign Against the Arms Trade (CAAT), which was at the High Court two weeks ago challenging the decision to drop the inquiry, has also made a Freedom of Information Request for documents relating to the original deal. The papers relate to the Al-Yamamah deal with BAE Systems in the 1980s - Britain's biggest arms export deal.
Confidentiality concerns The Campaign Against the Arms Trade (CAAT) requested various "memoranda of understanding" under the Freedom of Information Act in 2005.
The Information Tribunal will rule whether the Ministry of Defence was right to refuse them access to various "memoranda of understanding" between the governments. But the government has refused, saying it would be a breach of confidentiality and was not in the public interest, as it would damage relations between Saudia Arabia and the UK.
The MOD says they contain sensitive information and to publish would be a breach of confidentiality. 'Above and beyond'
The hearing is expected to take several days. CAAT will call the Liberal Democrats' deputy leader Vincent Cable and former diplomat Carne Ross as witnesses. On the first day of the tribunal, which will rule whether the government should publish the papers, Mr Patey said: "The Saudis put a great deal of trust in our discretion. They put trust in us that we can keep a secret.
"That is the basis on which we do business. Letting them down is something that they remember."
When are the government and the Saudis going to realise that they cannot continue to evade public accountability in the UK Symon HillCAAT Judges to rule on BAE challengeWhen are the government and the Saudis going to realise that they cannot continue to evade public accountability in the UK Symon HillCAAT Judges to rule on BAE challenge
He also said that Saudi Arabia had gone "above and beyond the call of duty" to cooperate on counter-terrorism matters.
The strategic importance of the counter-terrorism relationship between the UK and Saudi Arabia was cited by former PM Tony Blair as a reason for dropping a fraud investigation into the Al-Yamamah deal in December 2006.
The information tribunal hearing is expected to take several days.
Hold to account
Earlier CAAT called the Liberal Democrats' deputy leader Vincent Cable who told the tribunal it was Parliament's job to hold the government to account and it could not do that properly without access to original documents.
CAAT spokesman Symon Hill said: "Once again the government is seeking to frustrate the rule of law and the citizen's fundamental constitutional rights in the UK on the basis that Saudi royals will be offended.CAAT spokesman Symon Hill said: "Once again the government is seeking to frustrate the rule of law and the citizen's fundamental constitutional rights in the UK on the basis that Saudi royals will be offended.
"When are the government and the Saudis going to realise that they cannot continue to evade public accountability in the UK?""When are the government and the Saudis going to realise that they cannot continue to evade public accountability in the UK?"
The high court has not yet ruled on the Serious Fraud Office's decision to drop its own inquiry in December 2006. CAAT has also been at the high court recently, challenging the Serious Fraud Office's decision to drop its inquiry in December 2006 - that ruling has been reserved.
National security The original deal included the sale of Tornado aircraft
It had been investigating whether BAE gave money to Saudi officials to help secure contracts in the 1980s - focusing on the £43bn Al-Yamamah arms deal in 1985, which provided Tornado and Hawk jets and other military equipment. The SFO had been investigating whether BAE gave money to Saudi officials to help secure contracts in the 1980s - focusing on the £43bn Al-Yamamah arms deal in 1985, which provided Tornado and Hawk jets and other military equipment.
BAE Systems, the UK's largest defence group, was accused of operating a slush fund to help it secure the contract - but has always said it acted lawfully.BAE Systems, the UK's largest defence group, was accused of operating a slush fund to help it secure the contract - but has always said it acted lawfully.
BAE is also supplying Eurofighter jets to the Saudis
The probe was controversially dropped in December 2006 when attorney general Lord Goldsmith announced that it was threatening the UK's national security.The probe was controversially dropped in December 2006 when attorney general Lord Goldsmith announced that it was threatening the UK's national security.
But the Liberal Democrats have repeatedly questioned that decision - suggesting that the SFO was pressured to drop the case amid concerns another multi-million pound Saudi deal - to buy 72 Eurofighter jets from BAE - would be lost. But the Liberal Democrats have questioned that decision - suggesting that the SFO was pressured to drop the case amid concerns another multi-million pound Saudi deal - to buy 72 Eurofighter jets from BAE - would be lost.
The then prime minister Tony Blair denied this, saying he had put to one side the effect on "thousands of British jobs and billions worth of pounds for British industry" - as basing the decision on this would have potentially put Britain in conflict with international anti-bribery laws.The then prime minister Tony Blair denied this, saying he had put to one side the effect on "thousands of British jobs and billions worth of pounds for British industry" - as basing the decision on this would have potentially put Britain in conflict with international anti-bribery laws.
He said continuing the probe would have led to months or years of "ill feeling between us and a key partner and ally" and the "strategic interest" - Britain's counter-terrorism dealing with the Saudis - had to come first.He said continuing the probe would have led to months or years of "ill feeling between us and a key partner and ally" and the "strategic interest" - Britain's counter-terrorism dealing with the Saudis - had to come first.
The head of the SFO, Robert Wardle, has also denied coming under any political pressure to drop the investigation. He said he made the decision independently, having been told the inquiry could "seriously damage national security and international security".The head of the SFO, Robert Wardle, has also denied coming under any political pressure to drop the investigation. He said he made the decision independently, having been told the inquiry could "seriously damage national security and international security".