15 December 2002
US Request to use Fylingdales for Missile Defense
Letter to Alice Mahon M.P.
 
 

WOMENWITH HILL WOMEN'S PEACE CAMP(AIGN)
P.O.BOX 105, HARROGATE. HG3 2FE

15th December 2002

Dear Alice,

Re: request for use of RAF Fylingdales for USA's National Missile Defense System (NMD):

We have been unable to discover any Act of Parliament, which would authorise the UK Government to permit the use of UK Defence Lands by a foreign sovereign power (i.e. the United States) in pursuit of its unilateral defence interests.

The appropriation of land for the purpose of the defence of the UK is governed by a number of Acts of Parliament, such as the Defence Lands Act 1842, the Military Lands Acts 1892 to 1903 and subsequent amendments. Defence Lands are held in trust for the national security by the Secretary of State for Defence. The legislation defines the responsibilities and powers of the Defence Secretary and also his limitations.

The occupation of Defence Lands by visiting forces is under the conditions of the NATO Status of Forces Agreement (London June 19th 1951), ratified as the Visiting Forces Act 1952:
Article IX (s.3) states:

"…the authorities of the receiving State shall assume sole responsibility for making suitable arrangements to make available to a force or a civilian component the buildings and grounds which it requires…"

The "Agreement Between the Parties to the North Atlantic Treaty Regarding the Status of Their Forces" (Title) is
"…appropriate to the relationship which exists between the United Kingdom and the United States for the purposes of our common defence…" (Jeremy Hanley, former Minister of State for the Armed Forces, in reply to Bob Cryer MP, 25th March 1994. Hansard).

"…arrangements for common defence…" is also reiterated by the International Headquarters and Defence Organisations Act 1964.

The proposed X-Band Radar at Fylingdales is not for 'our common' defence, but to give early warning of intercontinental ballistic missiles aimed at the USA.

Menwith Hill is significantly excluded from this request because the components of the USA's NMD system, which have already been installed at the base, the Space Based Infra Red System (SBIRS), are stated to be required by NATO even if the USA's NMD system is not developed. (John Spellar, former Minister of State for the Armed Forces, in reply to Harold Best MP, April 2001).

If SBIRS is perceived by the UK Government to be for 'our common' defence, then it does not require any special permission?

We should be grateful if you would ask Geoff Hoon whether permission for the use of Fylingdales for the USA's NMD system will require a new Act of Parliament.

Yours sincerely,

Anne Lee

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