Exclusive:SNP write to Attorney General over David Lammy 'slip of the tongue' Gaza comments

Brendan O’Hara has written to Attorney General Lord Richard Hermer KC

The SNP has written to the Attorney General seeking clarity after UK foreign secretary David Lammy made comments about “both sides” of the conflict in Gaza.

Brendan O'Hara MP contacted Lord Richard Hermer KC following comments by Mr Lammy suggesting both Hamas and the Israeli Defence Force were guilty of committing atrocity crimes.

Foreign Secretary David Lammy during a visit to the offices of the National Crime Agency in south London. Picture: Ben Stansall/PA Wire

Speaking in the chamber, Mr O’Hara, the MP for Argyll, Bute and South Lochaber, had said: “Can the foreign secretary think of any other conflict at any other point in history when the UK would have accepted one of its closest allies and military partners designating babies and toddlers as legitimate military targets?”

Mr Lammy replied: “I think the whole House also understands that this is one of the most complex of atrocities. There are atrocities on both sides of this conflict. I just remind him of the scenes of those murdered horrendously on October 7.”

Mr O’Hara has now asked for an explanation over what “atrocity” Mr Lammy is referring to, and if it had legal implications for the selling of weapons to Israel.

In his letter, the SNP MP wrote: “While the recognition of the fact that both Hamas and the Israeli Defence Force are committing atrocities is long overdue, this recognition of that fact must surely call into question the legality of the UK continuing to sell arms to one of those combatants.

Palestinians join the Iftar gathering next to the rubble of a destroyed mosque in Beit Lahia, Northern Gaza | Middle East Images/AFP via Getty

“Could I seek your opinion therefore as to the legal implications for the United Kingdom of continuing to sell weapons, either directly to Israel, or as part of a supply-chain in which it knows that the end-user will be Israel.

“I would be keen to know also your thoughts on the issue of continued non-lethal military assistance that the UK gives to Israel, including reconnaissance and surveillance flights, training and intelligence support. Would it be legal for the UK government to provide such assistance to a state which it has declared to be guilty of committing atrocity crimes?

“I understand that there may be the temptation on the part of the UK government to underplay the significance of what the Foreign Secretary said on Thursday. But given it comes so soon after his earlier admission that Israel, in how it was conducting itself in Gaza, was in breach of international law, I cannot see how this can also be brushed off as being a slip of the tongue.”

The UK government in September suspended 30 arms export licences to Israel, but the F-35 fighter jet programme licenses were exempted.

Speaking to The Scotsman about his letter, Mr O’Hara asked how the UK government could sanction and sell arms if the foreign secretary believed “the Israeli Government are, and have been, committing atrocities against the people of Gaza”.

The SNP politician said: "The urgent question now for the Attorney General is how the UK government can think it is legal to sell arms to Israel when they are committing atrocities against the civilian population of Palestine.

"In the last few weeks, the foreign secretary backtracked on his statement that the Israeli government was breaking international law. But surely the selling of weapons to a government committing atrocities is itself a blatant breach of international law.

"Taking this action now is all the more important given the [Benjamin] Netanyahu government's choice to break the fragile ceasefire in Gaza. Stopping arms sales to Israel would be a significant statement that those who breach ceasefires will face consequences."

The UK government has been approached for comment.