The purpose of the Bill is to:
- Create prohibitions on the use, production and transfer of cluster munitions in the UK and by UK nationals, and thereby implement the UK’s international obligations under the Convention on Cluster Munitions (CCM).
The main benefits of the Bill would be:
- 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 the 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.
The main elements of the Bill are:
- The Bill sets out a definition of cluster munitions and relevant explosive bomblets – the prohibited munitions to which the 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 for 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.