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Scott

To investigate the role of ministers and Parliament in the approval of arms exports to Iraq during the 1980s

The Scott Inquiry, formally known as the "Report of the Inquiry into the Export of Defence Equipment and Dual-Use Goods to Iraq and Related Prosecutions," was chaired by Sir Richard Scott, a Lord Justice of Appeal. It was established in November 1992 to investigate allegations that British companies had supplied arms and military equipment to Iraq during the 1980s, despite existing trade restrictions and embargoes. The inquiry aimed to uncover the truth behind these allegations and examine the actions and decisions of government officials involved in the export control process.


The inquiry took approximately 37 months to complete, culminating in the publication of the final report on February 20, 1996. The report revealed significant shortcomings in the government's handling of export controls and the use of Public Interest Immunity (PII) certificates during prosecutions. One of the key findings was the inconsistency in the application of export licensing policies and the lack of clear guidance provided to companies regarding their legal obligations. The inquiry found that government officials had been inconsistent in their approach to export licensing, leading to confusion and potential breaches of export control regulations.


The use of PII certificates to withhold evidence during prosecutions was heavily criticized by the inquiry. It was found that the application of PII certificates had undermined the fairness of the trials, as crucial evidence was withheld from the defense. The inquiry recommended reforms to the procedures for issuing PII certificates to ensure greater transparency and accountability in the legal process.


A central theme of the inquiry's findings was the lack of transparency and accountability within the government departments responsible for overseeing export controls. The report emphasized the need for clearer and more consistent policies to ensure that companies were fully aware of their legal obligations. It also called for greater oversight and coordination between different government agencies to prevent similar issues from arising in the future.


The Scott Report made 27 recommendations aimed at improving export control procedures, the use of PII certificates, and the overall functioning of government departments involved in these processes. Key recommendations included the establishment of a central export control organization to provide clear and consistent guidance to companies, the revision of PII certificate procedures to ensure greater transparency, and the introduction of more robust internal checks and balances within government departments.


The impact of the Scott Inquiry was significant, leading to reforms in the way the UK government handled export controls and the use of PII certificates. The recommendations helped improve transparency, accountability, and coordination within government departments, ultimately enhancing the effectiveness of export control policies and ensuring fairer legal proceedings in cases involving breaches of these controls.

Key numbers at a glance

27

Recommendations

37

Months to complete

0.7

Cost in millions      (if known)

0

Deaths (direct)

Recommendations


Recommendation Category

Summary of Advice

Current Status

Export Legislation

Replace the 1939 emergency powers with modern, transparent export laws.

Implemented (Export Control Act 2002).

PII Reform

Ministers should not sign PII certificates on a "class" basis in criminal trials.

Implemented (Attorney General's guidelines updated).

Parliamentary Duty

Clearer rules for ministers to provide full and accurate information to Parliament.

Implemented (Updated Ministerial Code).

Intelligence Flow

Improve the distribution of intelligence reports between government departments.

Implemented (Reforms to the Joint Intelligence Committee).

Licensing Agency

Create a more centralised, accountable export licensing authority.

Implemented (Now the Export Control Joint Unit).


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