Government Response to the Submission to the High Court of Justice

The government contests the claim on all grounds submitted by the claimants. It is submitted that permission to proceed to a hearing should be refused as none of the claims advanced is properly arguably. Namely, it submits that the Secretary of State has asked the relevant questions as specified in Criterion 2(c) and has taken reasonable and rational steps to obtain and consider the information necessary to make its licensing decisions. It is also submitted that the Secretary of State is in possession of sufficient information to conduct the risk assessment requirement by Criterion 2(c) and therefore the suspension mechanism does not apply. Thirdly, it is submitted that the conclusion that there is not a clear risk that UK licensed items might be used in the commission of a serious violation of IHL is rational.