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Britain is ready to sign a treaty that will outlaw the use and stockpiling of cluster bombs and millions of pounds will have to be spent on destroying them, senior Foreign and Commonwealth Office sources said yesterday.
The change in Britain’s position on the Armed Forces’ remaining cluster munitions – the helicopter-mounted M73 and artillery-launched M85 – was confirmed in Dublin at the 109-nation conference that is trying to negotiate a treaty that will ban all such weapon systems.
Senior sources said that the definition of cluster bombs which was now being agreed would mean that the M85 and the M73 would be “caught”.
Britain’s negotiating team in Dublin includes military advisers from the Ministry of Defence who, until now, have emphasised that both the M85 and M73 cluster-bomb systems were needed to protect British troops when confronted by an enemy in armoured vehicles. But the sources said: “The policy we’re adopting is a British government position.”
They said that the Government was now ready to sign up to the phasing out of these systems, although there were still negotiations under way on the timetable for scrapping them.
Britain, Germany, Japan and Switzerland had asked for a “transition period” of seven to fifteen years to replace the perceived military capability gap. This, however, has been rejected by many NGOs and anti-cluster-bomb campaign organisations attending the Dublin conference, but Foreign Office sources indicated that this sticking point would not scupper the treaty.
The change in Britain’s negotiating tactics was ordered by Gordon Brown last week. He instructed the British negotiators to do everything to ensure that the M85 and M73 cluster bombs would be phased out on humanitarian grounds because of the threat they posed to civilians. “If we sign the treaty, which we expect to do, we will lose the M85 and M73 and it will prove expensive,” the sources said.
When Britain scrapped another cluster-bomb system, the M26, it cost £30 million to destroy the stocks.
The sources accepted that the M85 cluster munition, which is more indiscriminate than the M73 and, therefore, poses more of a threat to civilians, should be decommissioned, but hoped that the other weapon, which is described as a “direct-fire” system, could be phased out.
The draft text for a treaty is expected to be ready by tonight, and formal adoption agreed on Friday, although the treaty itself will not be signed until December 2 at a ceremony in Oslo.
Foreign Office sources said that rapid progress was being made at the Dublin conference, although there remained key concerns which had yet to be resolved.
The most serious stumbling block for the treaty is the question of inter-operability.
Britain and other Nato members want to include a provision that would allow its troops to serve alongside another nation’s forces even if that nation had not signed the anti-cluster-bomb treaty.
The United States has not taken part in the Dublin conference, and countries such as Britain, France and Germany, which operate with American troops, want legal assurance that they will not be in breach of the treaty if they are part of a multi-national force that includes nations that have refused to be signatories.
The sources said that the Government did not want to be accused of breaching the treaty if, for example, an American ship came into a British port carrying cluster bombs. American basing of cluster bombs on British territory also posed a problem. But the sources said there was optimism that this issue, which is so important for America’s allies, would be resolved once the complex arguments had been explained fully to representatives at the conference.
The draft treaty text prohibits providing any assistance with banned acts – in other words, intentionally helping others with the use of cluster bombs in joint military operations. The sources said that this issue was potentially a “deal-breaker”. But, with the Prime Minister pushing for Britain to sign the treaty, they said that a compromise would be found.

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Cluster bombs, Trident submarines and nuclear-powered aircraft carriers are practically useless anyway when the prime threat to the UK happens to be fanatics with exploding backpacks.
Van Zennyth, Wrexham, Airstrip One
Mr Brown is short of servicemen in the armed services. Little wonder when he denies them weapons.
Nobody is keen on getting killed and even less servicemen will be keen on getting killed for NuLabour policies.
As usual this useless government has not thought the problem out.
Mr G, Leeds, UK
I have just got back from an operational tour of Afghanistan. I agree with the former defence chiefs who support the ban. There are indeed alternatives to these weapons, and in the 21st Century we cannot continue to use munitions that have a lasting legacy of death to civilians.
Andrew, Henley-on-Thames, UK
And what are our troops supposed to use now! I think Browns forgotten that were in a war and how inportant use of the Apache is over there and he wants to take away one of its vital weapons. Sometimes I swear this Govt is trying to get our troops killed!
Dean, Southampton, England
so what do we do when there are armoured vehicles around? Wave the treaty paper around and say don't attack us we are the good guys?
Chris, Cambridge,
We still have other weapons that are quite easily capable of taking out armoured vehicles, but without the landmine-esque aftereffects of cluster bombs. So why all the complaining, what's the big deal? Yes, money has been wasted, but this isn't a big deal when it comes to protecting innocent lives.
Richard, Cambridge,
A brave and visionary decision.
Jon, London,
Since not one gov minister has served and the defense minister is a lawyer, perhaps they have misunderstood the function of the Armed Forces. Its not to give backhanders to BAE or photo opportunities or marching displays. ITS TO FIGHT AND KILL ENEMIES OF THIS COUNTRY and they need weapons to do it!
Geo, Glasgow,
Surely the issues here are. When we bought the cluster bombs did we think that we needed them?
It seems now that we did not??
If true then why was taxpayer wasted on them?
Will the proposed two new exotic nuclear-powered aircraft carriers have same fate after we have paid for them?
Michael Blatchford, Bath, UK
I am a lawyer, and one with an interest in International Humanitarian Law at that.
Nice reality check, everyone, now I know what we're up against. Wow, there are people out there who think that killing civilians with nasty weapons is just fine!
Cluster bombs are NO guarantee for our troops' safety
Christine, Essen, Germany
This is OK. The POLITICIANS have decided to do this, NOT the military. The cost of destruction will be provided OUTSIDE the military budget, and the politicians WILL accept responsibility when lives are lost because the troops were not protected, or had to fight with one hand tied. Dream On!
David L, London,
Are mortars next as area weapons that also have dud rounds?
War is a terrible but occasionally neccesary evil, I would want to have the best possible outcome for my side.
This govenment has no former soldiers in it, unlike previous goverments, and it shows in crass decisions such as this..
ken, Coventry, UK
It seems that 'EVERYTHING' Brown does is opposite to the wishes of the British people.
We're entering worrying times of fast change and rescource hoarding in the world.
The cluster bomb is a good defensive weapon. We may need it soon.
Also, why is our ammunition now made abroad?
Richard Edwards, UK,
Then they can ban the use of bullets, except by the enemy of course, but what the heck, it's only the lives of British servicemen that will be lost. The EU armies of the future will consist entirely of lawyers. On second thoughts, not such a bad idea.
David Masu, Zürich,
Thanks, Tom H! All the other comments show that we're living in a place where our children can play outside without any risk of being blown up. What if those things lay around in YOUR garden and stopped you from having a life? Killed your family? There have to be other ways to protect our troops.
Christine, Essen, Germany
Hopefully this won't lead precipitously to yet another paper tiger in the community of free nations. There are militaries in Continental Europe that do a superb job of parading about whilst doing little more than laundry. Somebody else is providing for their national security.
Joe, New York, US
Is Brown trying to lose the next election?
Dominic, Manchester, England
What a load of rubbish! Maybe we need to reintroduce the longbow?!?
Shaun Corrigan, TAIPEI, TAIWAN
No pay for all G'v'mnt employees for 6 yrs to help pay for destroying the 'cluster bombs'...No U.S. troops....Get our troops out of Europe and the Far East.....(Japan-South Korea )...M.E ..ok..Help protect Israel...a true friend......Aussies OK......
Mr Tim, San Marcos, U S of A
Madness , total madness , thank God for America coming to our rescue - again ! - Labour yet again you forget who the customer is !
john stephenson, hong Kong, hong Kong
Gordon Brown sends our armed forces to war and then starts to take away vital arms from them...lets not pretent war is all fluffy bunnies and cuddles...people get hurt..it aint pretty...
Adrian, aldershot, ENGLAND
Couldn't our armed forces just take them somwere and blow them up!! thus saving us $Millions
steve, sunshine coast,
Land mines having been discarded as a legitimate means of "defence", it is simple logic that cluster bombs, also a source of indiscriminate danger to civilians, especially children, should follow them into oblivion. Soon, please.
Tom H, Reading, UK
It is to be hoped that Britain's future enemies do not travel in armoured vehicles. Still, what is a few more servicemen's lives compared with the popularity of Mr Brown?
Rob, Emsworth, UK
So we will need to rely on the Amnericans to defend British soldiers once again. Well done to Labour.
Ian, London, UK