Simon Jenkins
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The Saudi bribes scandal may yet prove a more devastating epilogue to the Blair era than cash for honours. The original deal, reached in 1985 by Margaret Thatcher, doubled the price of a Tornado jet to cover huge commissions to members of the Saudi royal family and their retainers.
It has led the British government to defy international anticorruption treaties and impede the conduct of justice by the Serious Fraud Office (SFO). Last week it emerged that it had also impeded corruption investigators from the Organisation for Economic Cooperation and Development (OECD).
All this was to appease an outlandishly corrupt, authoritarian and brutal dictatorship, embodying everything that Tony Blair claims to detest in his “war of values” and against which his soldiers are dying in Iraq. By his lights Riyadh should be bombed, not sold bombers.
The £43 billion contract for 120 planes and assorted extras was the biggest arms deal in history. Its purpose was obscure, other than to shift vast sums of oil wealth from relieving the condition of the Saudi poor into the pockets of its very rich. The array of costly aerial and naval weaponry mostly depends on foreigners to operate. Unsupported by a plausible land army, it would be of little use against any likely aggressor. It is a massive display of conspicuous consumption.
The contract was reached with the help of Prince Bandar, son of the Saudi defence minister, and the assistance of Wafic Said, a Syrian wheeler-dealer, and went ahead only after Bandar, Saudi ambassador to Washington, realised that the Israeli lobby would not entertain America supplying so big an Arab defence contract. Less crucial, according to a 2005 book by Mark Hollingsworth and Paul Halloran, was an estimated £12m paid to Mark Thatcher on the side.
After years of denial, all sides now acknowledge that commissions were (and still are) being paid and only their status is disputed. A special Bank of England account is used by BAE, the aerospace company, on a double-key basis with the defence ministry, usually through an offshore firm called Red Diamond.
In other words, the government is “complicit”. While SFO documents are said to reveal a morass of payments to Swiss accounts for private jets, villas, gaming clubs and prostitutes, the lion’s share goes to Bandar, roughly £100m a year. This became illegal after Britain’s 2001 counter-terrorism act.
Small “facilities payments” to strictly local agents are allowed under trade department rules, up to 1% of a contract; 5% is regarded as the corruption threshold. Al-Yamamah hovers around 30%. In 1992 the weak-kneed National Audit Office was told by the government to stop asking questions about al-Yamamah bribes and did so. When in 2004 the more independent SFO returned to the stinking trough it was pressured by Blair and BAE three times to desist. It appealed to Lord Goldsmith, the attorney-general, and from January to December last year he supported it in what became its biggest inquiry, costing £2m. In December, when the SFO was closing in on the secret accounts of Bandar and others in Switzerland, the Saudis and BAE went ballistic, despite professing their total innocence.
MI5 and MI6 were asked by Blair to declare the investigation damaging to British security. This they declined to do, leaking only that it might be if the Saudis refused security cooperation. There has been no evidence of such Saudi blackmail, which would be much against Riyadh’s interest. Yet such clear conditionality was omitted from Goldsmith’s statement on security to the House of Lords on December 14, as it has been from all subsequent statements by Blair. The blackmail is stated as a fact.
By December 14 the pressure on Robert Wardle, head of the SFO, was so intense that, although quoted as “wanting to continue”, he called a halt, forced implausibly to say it was his own decision.
Goldsmith’s stated reason was that the evidence of bribery was now so weak that the case would soon collapse. The truth was that the evidence was so strong. Had it been weak, any shrewd politician would have let it collapse rather than incur the odium of interfering with the judicial process. As Blair and his home secretaries always say when introducing more draconian antiterrorism laws, “The innocent have nothing to fear.” Why did he not apply that principle to Bandar and BAE? The answer is obvious.
The decision to halt the SFO inquiry in December devastated Britain’s reputation as a champion of global anticorruption. Article 5 of the OECD convention, ratified by Britain in 1998, states categorically that prosecuting corruption “shall not be influenced by considerations of national economic interest, the potential effect upon relations with another state or the identity of [those] involved”. Whitehall rules also require firms using intermediaries to name them and the commissions paid.
While a provision of the al-Yamamah contract was that its terms be kept secret, there is nothing in the OECD convention excusing past contracts, let alone the £20 billion extension for 72 more planes now pending.
Blair not only signed the OECD convention but also trumpeted Britain’s desire to fight corruption wherever it occurred. Yet he personally intervened in 2001 to save the notorious £28m Tanzanian military radar contract after being told in cabinet by his aid minister and the chancellor that it was a racket, wildly beyond that country’s needs. It turned out that £6m of the contract was a British bribe paid direct into the Swiss bank account of a certain Sailesh Vithlani, who has confirmed it. Despite their opposition, Clare Short and Hilary Benn, the aid ministers, did not resign and Benn was rewarded by Blair with the post of “cabinet anticorruption co-ordinator”. An SFO inquiry into the deal is said to be merely ongoing. In view of all this, Britain’s presence in Jordan last year at a United Nations convention against corruption was like Robert Mugabe turning up at a good governance seminar.
The macho line taken by defence secretaries and others sworn to the al-Yamamah oath of secrecy has been to plead national security and then soup it up with claims that thousands of jobs depend on it and that if Britain did not bribe, others would. That Britain’s security should depend on bribing the Bandars of this world, rather than calling their bluff, is humiliating. As for intelligence, Britain’s needs are concentrated notably in Iran and Pakistan, while Riyadh’s needs are internal. Britain, with a large expatriate Saudi population, has as much intelligence to offer as to lose.
The idea that the Saudis would conceal information on a London bomb because London had stopped bribing Bandar is either ludicrous or confirmation that Saudi Arabia should be no friend of Britain.
As for job losses, they have never been a legitimate reason either for breaching the OECD convention or for condoning crime. Britain’s cocaine business is worth thousands of jobs, but is not permitted on that basis. A 2001 York University study of our subsidised defence industries pointed out that in total they comprise just 2.6% of British exports and 0.4% of employment, while consuming large numbers of skilled workers desperately needed elsewhere. Even so, it is doubtful if the Saudis would switch the new £20 billion contract to France. They value their favoured-state relation with Britain, especially with America cooling towards Riyadh.
The best bet for both sides now would be to come clean, stop the corruption and slash the price of the planes. BAE, with large commercial interests in America, must be at risk from the ferocious Justice Department, or from rivals dragging it before Congress or private litigation. Under its 1977 anticorruption law, the federal government has embarked on 50 such prosecutions. Under the OECD convention, France has managed eight. Britain has prosecuted nobody. The reason is that the attorney-general and the SFO are agents of a political executive, not the judiciary.
If the legal position of the British government as complicit in the bribery is untenable, its moral position is laughable. It has inflated the price of an export to win a contract by corruption. It has been forced to use the dictator’s defence, that resulting embarrassment should be shrouded by “national security”. And it must tell African and Asian regimes that its much-trumpeted stance against corruption is meant to apply only to the poor and the weak. Such hypocrisy in Britain’s name is outrageous.

Simon Jenkins edited The Times from 1990-92, going on to contribute a twice weekly column until 2005. He now writes weekly for The Sunday Times. He was formerly political editor of The Economist and Editor of The Evening Standard, and has been deputy chairman of English Heritage and a member of the Millennium Commission. He was knighted for his services to journalism in 2004
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Mr Lewis from Bangkok has got it right. His tongue in cheek comment sums it up perfectly. Let`s have less of the self rightious humbug Mr Jenkins.
Denver Watt, Osaka, Japan
Corruption in some form will exist in all countries . The morality of corruption involved in this case needs further probing, as we consider ourselves as protectors of anti corruption by publishing the ranking of various countries as corrupt. Corruption is not always one way. Both those who bribe and those who receive are equally at fault. Western countries term Africa and Asian countries as corrupt before they look at their follies of aiding the corruption by bribing the leaders of the countries.
If you need cleaning up corruption this case is test case .Prosecute BAI and others involved.
No actions will be taken because the action is deemed to be against the British business interests. British can not preach morals to other countries when we ourselves dont follow them.
Viswanath, Watford, Herts
The US defense industry will love this- this will be the end of BAE in the US market once Congress starts a feeding frenzy over this mess. Expect many extradition demands for BAE executives and a string of ultra long sentences- the Americans will want a very full pound of flesh here.
Doug, Glasgow,
A case of 'what you gain on the swings, you lose on the roundabout'. So what? Business is business. I, for one, gained by receiving a few crumbs from the Al-Yammah contract as a very lowly employee. A contract that allowed me to fund my childrens private education and pay off my mortgage. I may add that such crumbs were denied me in a UK riddled with equality and diversity targets. These self same targets spawning a vast UK industry that gave wealth to the terminally inept.
If you are looking for sordid deals Mr Jenkins, try looking closer to home in our town halls.
John MacKinnon, Lincoln, England
no one has asked the question, what about the jobs.
please explain to the people that are out on the dole that being above reproach was worth it.
a few mil to a saudi prince is a drop in the ocean.
This goes on in all levels of business.. why do you think your local councillor has 2 or 3 holidays a year...
billy, edinburgh,
Any amount, I would think is the short answer. I feel sure you identify this country by your observation that unlike every other country it has no corruption trials. Corruption, like everything else in this country, is under central control. And it is probably best seen as allowable deviation from normal standards for the purposes of central control. There is just so much stretch in the system and MI5 and MI6 are there to make sure it is monitored and contained. The only way you can get any idea as to what is going on in this country is by its accusations of the performance of others, and making the reasonable deduction that we are likely to be either better or worse, as the case may. This Saudi case is an exception, but it does confirm that, in relevant circumstances, Britain is at least as bad as any other country; it just doesnt get publicised.
Henry Percy, London, UK
What about the dealings your govrnment has with China and Russia Is this not also hypocrisy?
Fred Reynecke, Centurion, South Africa
I see now that BAE want to bring in an ethics committee to "draw a line under this episode". Tell you what, I'll go out and nick a few billion or kill a few billion and then draw up an ethics committee to "draw a line under that", ..... fair? We need heads to roll for this and in Saudi Arabia they are more than happy to do it to the poor and unconnected so when is Bandar's head going to be separated from his shoulders in the name of supporting common justice I wonder? Similarly since the crime has been committed against the people of Saudi Arabia shouldn't the directors of BAE, Thatcher, Blair and all those who knew about this be delivered to the sword? Now THAT would send out the correct signal to corrupt officials around the world. If they can do it to a Princess they can do it to a corrupt Prince, it's only fair.
John, Dundee, UK
There is one aspect which can not come up in formal investigation of a particulat weapons deal. The Saudis paid formidable amounts of the cold-turned-hot war cost after the Soviet occupation of Afganistan. That very complicated matter does not fit inside official military or other budgets. But it is also known that the "military moneys" moving around largely uncontrolled are a source of corruption. These accounting should somehow be along when the arms or other deals of a country like Saudi Arabia are investigated. It is today the key to many things. There the Blair style of silly denials is as bad a factor as Mrs Thatcher´s silly sonny. Both should keep out of that.
Pentti Järvinen, Copenhagen, Denmark
Hypocrisy it seems is one of the core skills required to be a successful politician. Also I am not totally convinced that there is any country that is totally altuistic, in that sense major economic and political decisions will be based on priority and interest of the particular country. Therefore, if Blair is interested in securing more contracts from Saudi Arabia based on the thinking that this will secure jobs it is irelevant the number of people employed directly by BAE as it would also impact on other allied businesses connected to BAE.
ose okpeku, cardiff, wales
Can you imagine the French, Germans, Japanese, Americans or any other country offering bribes to secure a contract? No definitely not they all play by the book it is only the UK that gets involved in this sort of sordid business. Right I am glad I have got that off my chest, now back to reading Puff the Magic Dragon.
Alan Lewis, Bangkok, Thailand
These days under nonsensical implementation of anti-laundering regulations, the little people who want to open a bank account have to go to great lengths up-front to prove that they are clean. The regulations were sponsored by the OECD and strongly supported by the UK government. It is only right that the UK governement now show whole hearted support to OECD's clean-up campaign!
Kachro, London,
let all this come out at the Blair war crimes trial with a tearful rendition from Cheriegate.
john garrett, colombo, sri lanka
Why does the author of this article say nothing about his government's dealings with China, Russia etc. Bit hypocritic himself don't you think?
Fred Reynecke, Centurion, Sout Africa
Gordon Brown is an honest, God-fearing man of integrity - I am sure he will throw the corrupt Arab Bandar out of his new Great Britain, send the SFO into BAE and shut down these illegal bribes. Yeah right.....
John Smith, manchester, uk
Thomas Jefferson once said "It is error alone which needs the support of government. Truth can stand by itself." These days we need to add the following caveat: "It is error alone which needs the support of government. Truth can stand by itself - unless the government chooses to trample on it, suppress it, deny it."
Marco, Birmingham, uk
Micheal Portillo said recently that we should be 'grown up' about this sort of thing. He has forfeited my respect.
Robert, London,
Thanks for the concise briefing SJ. High stakes then.
Don't we need that enquiry too, to see which Brits might have got some "bashwash". You indicate £12m. for MT's boy. Who else over the years?
Be interesting to see if we have the moral courage to may this transparent? And the poodle's masters on the Potomac allow it.
D. N. Iles, Durham,
Just another example of how the Iraq war has seriously compromised the UK. We are now open to manipulation and extortion by those countries that purport to be able to help us in the fight against the terrorists that the war has inspired.
David Rochester, Liverpool, UK
While I agree with Simon on everything he says I do have to chuckle that the Saudis were forced to buy from Britain. The biggest defence deal in history - for what? Second rate planes and equipment. The British defence industry is renowned for some of the worst military kit ever made. From Blue Streak onwards it is one tragedy after another right up to the twenty years or more wasted on the Typhoon. BAE is to the defence businesss what British Leyland was to the auto industry.
john walter, bonn, germany
When the Saudis offer the hand of friendship, accept it - and then try to find out whose it was before they cut it off.
Ken A. Biss, Espoo, Finland
So this is what Blair means by his legacy, HIS legacy.
Lezli Taubler, London, UK