Secret Documents

Baroness Goldie Excerpts

Wednesday 30th June 2021 Lords Chamber

[Lord Coaker (Lab)]

The Minister will know that this is the third known MoD security breach this year including documents marked “UK eyes only”, so it is no wonder that an investigation is needed. Can the Minister confirm that all the documents lost have been recovered? How can evidence of preparations for future Armed Forces conduct around the world have been leaked? Can she reassure our excellent Armed Forces personnel that there has been no jeopardy to current or future operations as a result of the breach? Will she also ensure, as was said in the other House, that the investigation is completed by early next week and the results are published as promised at that time? The public and the House need to be reassured that Ministers have taken all the necessary actions to stop this series of breaches.

[The Minister of State, Ministry of Defence (Baroness Goldie) (Con)]

I thank the noble Lord for his points. Let me make it clear that this was a most regrettable breach of security and is being taken extremely seriously by the department, hence the investigation to which he refers. I confirm to him that the BBC contacted MoD to say that it had the papers. MoD then worked with the BBC to ensure that nothing was reported which materially affected national security, and the papers have now been safely returned to MoD.

The investigating team will, of course, consider a wide range of circumstances—the breaches of protocol that seemed to surround the loss of the documents—and whether recommendations need to be made to improve procedures. However, I reassure your Lordships that very robust procedures already exist and documents of such a sensitive nature are accompanied by a very strict management regime. The investigatory team will be looking at all these issues. As to the timing of the investigation’s report, my understanding is that there is a desire to have some initial comment by next week. However, the noble Lord will understand that I am reluctant to be specific about a date, lest other material emerges which the team requires to investigate. But yes, it would be the intention of the Secretary of State for Defence to ensure that the team’s conclusions and findings are made available to Parliament.

[Lord Campbell of Pittenweem (LD)]

Anything other than full disclosure—always taking account, of course, of the national interest—would not be welcome, so I am grateful to hear the noble Baroness give that undertaking. I also understand the constraints she has to operate under at the moment, but noble Lords who have served on the Intelligence and Security Committee will recall that there was an absolute prohibition on any documents of any kind being taken out of the committee office. Can the Minister tell us what the policy was in the Ministry of Defence, and in what circumstances anyone was, by way of policy, entitled to remove documents from the main building?

[Baroness Goldie (Con)]

It is within the rules to remove documents from the building in certain limited circumstances, so long as they are recorded and secured in the appropriate fashion. In short, as I indicated to the noble Lord, Lord Coaker, there are policies and procedures in place that allow for the removal of classified information. It will be for the investigation team to determine whether these procedures were followed correctly.

[Lord Lancaster of Kimbolton (Con)]

This was indeed an important security breach and really quite concerning, but we bandy the word “secret” around without necessarily understanding what it means. There are different levels of classification, of which “secret” is just one. For example, “UK eyes only” is not a classification; it is a national caveat. However, if it genuinely was a secret document, why did it leave the building when it never should have? Does that imply that we should make this inquiry wider, looking at what exactly the procedures are, to ensure that this really does not happen again?

[Baroness Goldie (Con)]

The loss of MoD documents of this classification is extremely rare and I reassure my noble friend that there has not been such a loss within the last 18 months. Despite that, we take the matter very seriously. We have launched a full and thorough investigation and will look at the actions of individuals, as well as the procedures, policies and processes in place. I reassure your Lordships that any recommendations or lessons identified by the investigation will be considered as a matter of urgency.

[Lord Truscott (Non-Afl)]

My Lords, General Sir Nick Carter, Chief of the Defence Staff, has said that incidents such as the recent confrontation with Russia in the Black Sea are “giving him sleepless nights” and could lead to a “miscalculation”. Can we assume that yet another MoD whistleblower leaked the documents because they felt that HMS “Defender” sailing so close to the Russian Black Sea Fleet headquarters was both provocative and dangerous? Can the Minister remind the House how many wars Russia has fought over the centuries to keep Sevastopol Russian, including the Crimean War of 1853?

[Baroness Goldie (Con)]

I am not going to speculate on the circumstances surrounding the discovery of the documents or their ultimate transmission to the BBC; that is for the inquiry team to determine. I am also not going to discuss the content of the documents, for obvious reasons. As the noble Lord raises issues already in the public domain in relation to HMS “Defender”, and as he will be aware that there was a Written Ministerial Statement on 24 June, I can confirm that HMS “Defender” was proceeding entirely in accordance with international law, behaving entirely appropriately and conducting innocent passage through a stretch of water open to international navigation.

[Lord Mackenzie of Framwellgate (Non-Afl) [V]]

My Lords, breaches of security at such a high level are rightly of concern to members of the public and Members of this House. This Question has important implications regarding blackmail and breaches of the Official Secrets Act. Can the Minister clarify the circumstances in which the documents were found? Can she also say whether it is normal practice to hard copy security materials that can be handled digitally and securely? Will the identity of the negligent official eventually be made public?

[Baroness Goldie (Con)]

As far as the noble Lord’s question relates to the process of investigation, he will appreciate that I am unable to comment on any details pertaining to that. As I have already indicated to the noble Lord, Lord Campbell of Pittenweem, suitable IT platforms exist across government but it is within the rules to remove documents from the building in certain limited circumstances. However, very strict rules and procedures govern their removal. How the breach occurred is a matter for the investigating team to determine.

[Baroness Bennett of Manor Castle (GP)]

My Lords, in the aftermath of the discovery of the papers, the BBC—as the Minister noted—rightly protected operational matters that might have put servicepeople at risk. Its reporting focused on the debate around the decision to send HMS “Defender” on that route. Does the Minister agree that that is a reflection of public interest—in the most genuine sense of the term—in the route decision, which was apparently a subject of disagreement between the two departments concerned? Is it not the case that, while the right of innocent passage may need to have been asserted, the UK might not have been the right country and this might not have been the right way to do it?

[Baroness Goldie (Con)]

Again, I have said that I am not going to comment on the content of the documents, but in so far as matters relating to HMS “Defender” are in the public domain, I will simply repeat to the noble Baroness that HMS “Defender” was acting in accordance with international law and that it was entirely appropriate and legal for the Royal Navy to sail this route; it is an internationally recognised shipping route. Importantly, it is the most direct route from Odessa to Batumi in Georgia. The United Kingdom does not recognise any Russian claim to these waters. The noble Baroness will be aware that, in the Black Sea at that time, there was not only a UK naval presence; allies were present as well.

[Baroness Ritchie of Downpatrick (Non-Afl) [V]]

My Lords, there has been a suggestion that some of the documents were printed on pink paper, indicating the sort of material that should not be removed from the MoD except under exceptional circumstances and according to strict procedures. What were those exceptional circumstances in this case and what are those strict procedures?

[Baroness Goldie (Con)]

The noble Baroness is posing questions about issues that it will be for the investigation team to investigate and determine and, to which it will need to find answers. As I have said, the removal of documents from the building is not unprecedented and, in very strict and regulated circumstances, is permitted. It will be for the investigating team to ascertain in full detail what happened and whether appropriate policies, procedures and processes were duly complied with.

[The Deputy Speaker (Baroness Henig)]

My Lords, all supplementary questions have been asked.

Defence: Continuous At-sea Deterrence

Baroness Goldie Excerpts

Wednesday 23rd June 2021 Lords Chamber

[Lord Trefgarne]

To ask Her Majesty’s Government whether continuous at-sea deterrence remains central to their defence policy.

[The Minister of State, Ministry of Defence (Baroness Goldie) (Con)]

My Lords, the nuclear deterrent will remain essential for as long as the global security climate demands. No alternative system is as capable, resilient or cost effective as a continuous at-sea deterrent capability based in four nuclear-armed submarines. As stated in the Government’s integrated review of security, defence, development and foreign policy, we will maintain our four submarines so that at least one will always be on a continuous at-sea deterrent patrol.

[Lord Trefgarne (Con)]

My Lords, I am grateful to my noble friend the Minister for that reassuring Answer. Is she aware that such knowledge as I have in these matters was learned a very long time ago at the feet of the then Mr George Younger, whose son now sits on the Government Front Bench in your Lordships’ House? Can my noble friend confirm that the number of warheads necessary to maintain this deterrent in an effective form are definitely to hand?

[Baroness Goldie (Con)]

Yes, I can confirm to my noble friend that, to maintain the credibility of the deterrent and the minimum destructive power needed to guarantee that it does remain credible and effective against a whole range of state nuclear threats from any direction, an assessment has been made. The UK will move to an overall nuclear weapons stockpile of no more than 260 warheads—an increase of 15% from the previous ceiling of 225. I make it clear this is neither a target nor the current number of warheads, but it represents the upper limit of what we think we might need to maintain the credibility of the deterrent.

[Lord West of Spithead (Lab)]

My Lords, for over 50 years, the submarine-based nuclear deterrent has ensured peace and acted as the ultimate guarantor of our nation’s security against nuclear blackmail. Those involved in this complex, difficult and continuous enterprise deserve our thanks. Does the decision to run the Vulcan Naval Reactor Test Establishment at Dounreay in Scotland for three years longer than planned, to meet

“the need to support the extended scope of the operational work”,—[Official Report, Commons, 17/6/21; col. 101WS.]

mean that it is related to the life extension of the Vanguard class? As the PWR2 reactor will be running innumerable submarines for many more years, has there been any reassessment of the Royal Navy reactor prototype review of 2015 to see whether Vulcan should remain operating even longer?

[Baroness Goldie (Con)]

As the noble Lord will be aware, we are conscious of the obligations of seeing through the transition from the existing class of nuclear-armed submarines to the new Dreadnought class. That Dreadnought submarine programme remains on track to enter service in the early 2030s. There will be no compromise to the UK’s continuous at-sea deterrent. On the specific points he raises, he will understand I am unable to release specific information about supply, support and logistics. But we are satisfied that our continuous at-sea deterrent is operating effectively now and discharging all its tasks and, in the transition and beyond, will continue to do that.

[Baroness Bennett of Manor Castle (GP)]

My Lords, arms control experts have, for years, been advocating that the P5 states—the legally recognised nuclear powers, which include the UK—reaffirm the statement made by Gorbachev and Reagan in 1985 that

“a nuclear war cannot be won and must never be fought.”

I am sure the Minister is aware that just last week, the current US and Russian Presidents issued that very statement. Will the UK endorse and repeat that statement?

[Baroness Goldie (Con)]

The noble Baroness raises an important point. Most of us in this Chamber can recall the conviction of President Ronald Reagan and General Secretary Mikhail Gorbachev that a nuclear war cannot be won and can recall the contribution that statement made to stability at that time. The avoidance of war between nuclear weapons states and the reduction of nuclear risk is one of our foremost responsibilities. We welcome the US and Russia’s joint statement on 16 June and their commitment to a bilateral strategic stability dialogue. We regard this as a serious signal of intent to reduce the risk of nuclear conflict and enhance mutual trust and security by the two countries, which hold almost 90% of the world’s nuclear weapons.

[Lord Bates (Con)]

My Lords, given that a single nuclear submarine could deliver nuclear weapons with more than 100 times the destructive yield of the bombs dropped on Hiroshima and Nagasaki, which incinerated over 200,000 people, mostly civilians, does my noble friend agree that while the possession of such weapons of mass destruction may be justified as a necessary evil at present, it remains the firm policy of Her Majesty’s Government to work towards the complete elimination of nuclear weapons? If so, how do they intend to advance that agenda?

--- Later in debate ---

[Baroness Goldie (Con)]

I refer my noble friend to the non-proliferation treaty, which the UK regards as a cornerstone of the international multilateral architecture on nuclear issues. Over 50 years on, that treaty continues to be a success. It has created the framework to reduce tensions and arms stockpiles. The UK will continue to work for a successful NPT review conference later this year. Our core objective is to demonstrate international unity behind the treaty and strengthen its implementation.

[Baroness Smith of Newnham (LD)]

My Lords, clearly, the nuclear deterrent contributes to the defence of the realm, and its cost to the MoD makes sense. What does the Minister make of the proposals to have a new royal yacht, which, whatever benefits it might bring to trade or global Britain, would appear to bring very little to defence? Why should the MoD be funding it?

[Baroness Goldie (Con)]

It is not a new royal yacht; it is a new national flagship. I think that is a very good thing, if I must make my opinion clear. The noble Baroness is correct that the MoD will be responsible for the initial cost of taking the flagship through the procurement process, but the source of government funding for the rest of the project is still to be determined. To the cynics I would say: this ship will have an important national security and foreign policy function. It is not a warship, and its primary role will be to promote trade and protect the nation’s economic security.

[Lord Lancaster of Kimbolton (Con)]

My Lords, if our nuclear deterrent is to be credible, it must also be viable. My noble friend mentioned two aspects of that viability—the continuous at-sea deterrent and having a suitable number of warheads—but is not a third aspect that we must not hand the advantage to our adversaries by being overly prescriptive about the circumstances in which we would use that nuclear deterrent?

[Baroness Goldie (Con)]

As my noble friend is aware, the UK has neither a first-use nor a no-first-use policy, and to avoid simplifying the calculations of our potential adversaries, we will remain deliberately ambiguous about when, how and at what scale we will contemplate use of our nuclear weapons.

[Lord Boyce (CB)]

My Lords, I declare my interest as patron of the Submariners Association. The Minister’s Answer was welcome. Will she pay tribute to the crews of the current Vanguard class, who are having to work extraordinarily and unbelievably hard, with significant sacrifice for themselves and their families, to keep their ageing submarines going to ensure that the continuous at-sea deterrent is sustained? They will have to continue to do so for another 10 years until the Dreadnought class comes into operational service.

[Baroness Goldie (Con)]

Yes, I certainly echo the noble and gallant Lord’s respect and admiration for the crews on the Vanguard submarines. Every minute of every day of every week of every year, they safeguard the interests of this country and contribute to our alliance within NATO to protect our global friends and partners. We absolutely should put on record our profound appreciation of the crews of these submarines. They are deserving of our highest respect and admiration.

[Lord Coaker (Lab)]

On behalf of Her Majesty’s Opposition, I reiterate our support for the continuous at-sea nuclear deterrent as part of our UK defence policy and the contributions it makes to our alliances and the protection of democracy across the world. However, the recent integrated review announced an increase, as the Minister said, in the cap on the number of nuclear warheads to 260. Notwithstanding her earlier replies, can the Minister elaborate further on why this was thought necessary? What has changed to justify the increase? What consultations took place? What is the timescale for the increase to take place?

[Baroness Goldie (Con)]

I can add little to what I said to my noble friend earlier, but I confirm to the noble Lord that we make a continuous assessment of threat—where it is emerging and what its character is. We are clear, as he will understand, that the critical adjective in relation to our deterrent is “credible”; for it to remain credible, our judgment was that we had to increase the number of warheads.

[The Lord Speaker (Lord McFall of Alcluith)]

My Lords, the time allowed for this Question has elapsed. We now come to the fourth Oral Question.

Queen’s Speech

Baroness Goldie Excerpts

Wednesday 19th May 2021 Lords Chamber

[The Minister of State, Ministry of Defence (Baroness Goldie) (Con)]

My Lords, it is a great honour to open this debate on Her Majesty’s gracious Speech on the important issues of foreign affairs and defence. I am delighted to be joined by my noble friend Lord Ahmad, who I know will employ his trademark expertise and erudition to good effect in what I have no doubt will be a well-informed, wide-ranging and robust debate. As indeed it should be, because, looking around the Chamber and on the screens, I see a number of distinguished former Foreign and Defence Ministers, not to mention an illustrious miscellany of noble Lords with acknowledged expertise in these areas. Together we will consider in detail the Government’s proposed approach to foreign affairs and defence, in which several themes will continually bubble to the surface: the need for resilience, the restlessness of our ambition, the conviction of our democratic values and the immense opportunities for the United Kingdom as we look to the future.

I want to begin by reminding noble Lords of the changing geopolitical context which forms the backdrop to this debate. We are living in a new era of systemic competition. The dangers are growing. We have seen Russia increasingly assertive, as its recent actions in Ukraine and the Black Sea remind us. We are witnessing a rising China, modernising its forces and assembling the largest naval fleet in the world. States such as North Korea and Iran are posing a growing threat and continuing to destabilise their regions, while the precarious situation in the Middle East, so distressingly visible right now, is giving many of us cause for concern. Meanwhile, the exponential advance of new technology is reshaping the nature of conflict and challenging us to establish new norms that accord with our values. All the while, the threat of global terror has not receded, and the danger of climate change grows.

Our response to this multiplicity, diversity and complexity of growing dangers was the integrated review of security, defence, foreign policy and development—the most comprehensive survey of our defence since the end of the Cold War. It sets out a clear plan for a stronger, more secure, prosperous and resilient United Kingdom, as we build back better from the Covid pandemic. It is a plan to sustain and deepen our strategic advantage through science and technology and to shape the open international order to create a world that leans more to democracies and the defence of our values, all the while building our security and resilience at home and abroad.

The Prime Minister has been clear that defence is at the heart of this programme. To be open and prosperous, we must be secure at home and active in the world. Defence is always the first duty of government. It is our nation’s insurance policy and our ultimate resilience. The Covid crisis renewed our appreciation of and admiration for what the brave and talented men and women of our Armed Forces do daily on our behalf. But our adversaries did not go to sleep through the pandemic—if anything, they redoubled their nefarious efforts. The challenge for us in the years ahead is to make sure we are fit to detect, deter and defeat threats to our people, our allies and our values at home and abroad.

That is why defence has received the most generous settlement in decades: a commitment to spend £188 billion on defence over the coming four years, an increase of £24 billion. Our Command Paper has taken that investment and used it to deliver what amounts to the biggest shift in defence for a generation. It will give us the technologically advanced, integrated and agile force that will underpin our nation’s hard and soft power in this new age of systemic competition. That new-age force is the necessary response to this new-age threat. To those familiar with the old ways, it may be disquieting, but our diplomacy is underwritten by the credibility of our forces—keen to avoid conflict through our global engagement, but always ready to fight to defend our people and our allies. The gracious Speech commits to pushing ahead with this modernisation. Inevitably, this has meant making some hard choices, but those decisions will give us formidable capabilities across sea, land, air, space and cyber.

At sea, our Royal Navy’s fleet is growing for the first time since the Cold War. We will have world-class general purpose frigates, air defence destroyers, hunter-killer submarines and a new multi-role ocean surveillance capability to safeguard our underwater cables in the North Atlantic. In the air, we will have updated Typhoons, brand new F35 Lightning stealth fighters, new unmanned systems capable of striking remotely, and massive investment in the next generation of fighter jets and swarming drones. On the ground, while our Army will be leaner, it will also be more integrated, more active, more lethal and more effective. It will be able to make the most of new Ajax vehicles, revamped attack helicopters, brand new Boxer armoured fighting vehicles, state-of-the-art air defence, long-range precision artillery and new electronic warfare capabilities.

However, none of these conventional capabilities can succeed in the modern battle without new investment in cyber, space and information manoeuvre. We are spending heavily in the National Cyber Force and establishing a new space command that will enhance our military surveillance and communication capabilities from space. We are not alone in seeking to modernise. Our adversaries, as well as our allies, are making rapid headway, so we are putting aside at least £6.6 billion for research and development to supercharge the development of next-generation disruptive capabilities, from directed energy weapons to swarming drones.

Having great capability is not enough. We are also changing our posture, combining permanent presence with high readiness to deliver a decisive impact. Two littoral response groups in the North Atlantic and the Indo-Pacific will, alongside our future commando force, allow us to respond to emerging crises in a matter of hours, not weeks. We will also have a very high readiness global response force, ready to dispatch our newly formed Army Ranger regiments into complex, high-threat environments.

Our people—our defence family—are going to be busier than ever, but we will make sure that they are properly looked after. No one in this place will disagree that they are our finest asset. That is why measures within the gracious Speech enshrine our Armed Forces covenant in law. The covenant has already made a huge difference to the lives of Armed Forces families: 79,000 service children in the United Kingdom now benefit from £24.5 million of additional pupil funding, and 22,200 service personnel have been helped on to the housing ladder by the Forces Help to Buy scheme.

However, we cannot rest on our laurels. Some members of our Armed Forces community are still suffering disadvantage in accessing public services. The gracious Speech will give our covenant legal force, placing a duty on public bodies responsible for the delivery of key functions in the areas of housing, education and healthcare to have due regard to the covenant principles. Separately, we want to make sure our fantastic veterans are given greater opportunities. We will introduce new measures to support veterans and reward employers of former service personnel by providing national insurance contribution relief for the employment of veterans.

Switch from home to away, we will continue to strengthen the international system as it feels the strain of deepening competition and revisionist pressures. We remain committed to European security and NATO remains a cornerstone of our defence. That is why we have ensured that we are the second biggest spender in NATO and a major contributor across all five domains, including the nuclear deterrent. As a leading light in the alliance, we also have a responsibility to support its reform. Measures in this gracious Speech will see us reinforcing our commitment to NATO transformation.

Meanwhile, we will continue pursuing constructive relationships and trade agreements with our neighbours in Europe based on mutual respect for sovereignty. We are realistic about the challenges we face, but optimistic about our future as an active European country with a global perspective—bringing countries together to solve the issues that matter most to our citizens to improve their lives.

As ever, no partnership is more valuable to us than our special relationship with the United States, as highlighted by the high-level calls made by our Prime Minister and Foreign Secretary to their American counterparts in recent weeks and the Defence Secretary’s meeting with US Secretary of Defense Lloyd Austin. We are both committed to standing up for open democratic societies, we see eye to eye on climate change and we share many of the same security threats. It is only by working together overseas that we can keep our citizens safe at home.

Our Armed Forces are a global advertisement for British values, capabilities and leadership. They work alongside our gold standard, world-leading diplomatic and development network to shape the international order, build global resilience, sustain open societies and economies, and overcome global challenges. Whether in the many UN peacekeeping missions we are currently supporting or our application to become a formal dialogue partner with ASEAN, the best of UK defence is in tandem with the best of UK diplomacy—working hand in hand to protect global Britain on the world stage.

Last year the UK played a leading global role in the fightback against the pandemic. This year we will provide global leadership to international efforts to overcome the greatest challenges of our time. Next month we will host the G7 summit in Cornwall, in July we will co-host the global education summit with Kenya, and in November we will chair the UN Climate Change Conference in Glasgow, COP 26, in partnership with Italy. All the while, we will maintain and strengthen our networks and instruments of influence overseas.

Using our global diplomatic network and the British Council to forge alliances and uphold human rights and democracy across the world, we will take forward global efforts to get an additional 40 million girls into school, provide aid where it has greatest impact on reducing poverty and alleviating human suffering, and—importantly—return to our commitment to spend 0.7% of gross national income on development when the fiscal situation allows. All of this, combined with our ongoing training and development programmes around the world, maintains our position as a global soft power superpower.

Next week our magnificent HMS “Queen Elizabeth” carrier embarks on her maiden mission. As one of the two largest warships ever built for the Royal Navy, she will lead a British and allied task group on the UK’s most ambitious global deployment for two decades, visiting the Mediterranean, the Middle East and the Indo-Pacific. This deployment has attracted significant interest from other states and has a tangible convening power. I can think of no greater illustration of our global ambition; an ambition that runs like a golden thread through the gracious Speech; an ambition to strengthen our resilience, seize our opportunities and cement our role as a force for good in the world.

Carrier Strike Group Deployment

Baroness Goldie Excerpts

Wednesday 28th April 2021 Lords Chamber

[Baroness Smith of Newnham (LD) [V]]

My Lords, like the noble Lord, Lord Tunnicliffe, I welcome the fact that HMS “Queen Elizabeth” is now ready to lead the carrier strike group. Clearly, we are in a new phase of British maritime history. We are obviously in a phase in which the Government are seeking to “go global”, as the Prime Minister has put it on so many occasions, and to do so with a ship that is extraordinary in many ways. The Secretary of State, in his Statement, pointed out that it was truly a step change in capability and that to appreciate the enormity of the vessel, you must stand on its vast deck.

I have not stood on the HMS “Queen Elizabeth” but I did have the opportunity to visit HMS “Prince of Wales” in dock when it was under construction. It is a most incredible ship. However, when the ships were being announced, Russia was very scathing about the size and visibility of the Queen Elizabeth-class aircraft carriers. I am sure that the Minister will be very quick to say that this is nonsense and that the ships are very well defended, but can she give us some indication of the way in which HMS “Queen Elizabeth” is being supported? It is very clear that this carrier strike group, as laid out in the Secretary of State’s Statement, has, as is suggested, a ring of capability. Most of the ships—the destroyers and the anti-submarine frigates—are British vessels, but how far into the future have the Government thought and planned about the support that can be given?

There is a great deal of emphasis on the work with the Dutch and the Americans. To what extent do the Government see this carrier strike group as being a way of having more multilateral deployments, or is HMS “Queen Elizabeth” intended to be part of a solely British force in future? It is obviously important that bilateral training is going on. Can the Minister tell the House a little more about what is envisaged with our European allies? There is a very clear statement that the carrier strike group will demonstrate our enduring commitment to NATO, but a little more about the links with Europe would be very welcome.

The Statement talks about this being sovereign territory. Clearly it is important in terms of many of our international commitments that the Queen Elizabeth class carriers are indeed able to travel to the Pacific. We have recently seen issues of navigability, with the problems in Suez, and we know that shipping is so vital to trade. It is clearly welcome that HMS “Queen Elizabeth” is leading this carrier strike group, but can the Minister tell us a little bit more about its aims? The Secretary of State talked about being a projector of hard and soft power. Many people listening from outside the Chamber—who maybe do not have any defence experience—might wonder how on earth the Queen Elizabeth class carriers can project soft power. I suspect I know the answer but it would be interesting to hear the Government’s perspective on that.

This is an interesting deployment, but it is notable how important the UK says it is that we do not allow countries to breach international law. We note then that the carrier is going close to China but not seeking to be provocative. What signals do the Government wish to send to China with this deployment?

[The Minister of State, Ministry of Defence (Baroness Goldie) (Con)]

My Lords, first, I genuinely thank the noble Lord, Lord Tunnicliffe, and the noble Baroness, Lady Smith, for their positive comments about the carrier and the carrier strike group. It is a moment for reflection and pride that we have been able to assemble such an impressive demonstration of our commitment to our global reach and global responsibilities. I can confirm to the noble Lord and the noble Baroness that the extent of the interest from across the globe has been very significant; this is clearly proving an exciting proposition to our friends and allies.

To deal with some of the specific points raised, the noble Lord, Lord Tunnicliffe, particularly asked about the crewing of the “Queen Elizabeth”. In December 2020, the carrier strike group declared that it had reached initial operating capability. It is about to embark on its final training in UK waters next month and exercise Strike Warrior will test the strike group through a range of operational scenarios. At the end of this period the operational commander, the chief of joint operations, will be presented with a declaration that the carrier strike group is ready to deploy on operations.

The noble Lord, Lord Tunnicliffe, asked about the use of UK-produced steel. That is an important issue and was raised in the other place. I reassure the noble Lord that we recognise the importance of the United Kingdom steel industry and, in fact, British steel has accounted for almost half of the steel by value in the build of the Type 26. As to the more detailed information he seeks, I should like to try to procure that and I propose that I write to the noble Lord. I hope that he will permit me to do that.

Among other issues, the noble Lord also raised the shipbuilding strategy, which the Government have pledged to publish. We are working at pace to refresh the national shipbuilding strategy and it will contain details of how we intend to monitor the success of the strategy. My understanding is that we hope to be able to provide further information on this in early summer.

The noble Lord also raised the issue of the sovereign core of the carrier group and whether there will be enough British warships to sail with our own British carriers. The sovereign core of the group are the Royal Navy frigates and destroyers, helicopters and submarine that will routinely deploy with the carrier. The United Kingdom has 18 F-35s, and we could now put all 18 on the aircraft carrier. We could deploy the aircraft carrier group alone or with allies.

This deployment is in fact about our strength compared with that of our adversaries. We have friends and alliances, and that is vital, because it means that, if there is any attack on us, it is an attack on NATO—to attack us is to attack our allies. That is our real strength globally so, as I said, we have a huge expression of interest from countries wanting to sail with us and stand up for our common values.

The noble Lord raised the issue of what happens when the “Queen Elizabeth” returns to military business. I think he was particularly interested in knowing whether it would involve patrolling the North Atlantic, the high north and the Mediterranean. NATO is obviously our cornerstone; our home beat is the Atlantic and that is where our most aggressive adversary is active. Only recently we saw it active in December when nine Russian ships were operating in the waters around the UK; the Russians have been assertive. That is why it is important that we are active and hold the Atlantic flank of NATO as well as using our convening ability to bring in the French, Germans and others who wish to patrol the seas alongside us. While the noble Lord will understand that I cannot comment on specific operational deployment, the carrier strike group is intended to have a holistic role in our defence activity.

The noble Baroness, Lady Smith, whom I thank for her positive comments, raised a number of important points. She asked particularly about the threat of Russia and the comments that it has made in relation to the carrier presence, asserting that it is vulnerable. I reassure her that our UK Armed Forces play a leading role in NATO’s enhanced forward presence in the Baltic states to enhance Euro-Atlantic security. In response to the comments about the carrier itself, we keep all threats under constant review, and we are confident that our new aircraft carrier is well protected thanks to defensive systems that we have invested in as part of our £178 billion equipment plan. The carrier will be robustly protected by air and sea assets against threats known and unknown.

The noble Baroness made an important point about our European allies. Again, we are very conscious that the security of Europe is pivotal to the security of the UK and vice versa. In the European context, we are one of the leading powers in NATO; we are the largest spender of the NATO European members and we have strong bilateral relationships with various European countries. Those are relationships that we value hugely, and our desire is to maintain a constructive and engaged dialogue with our friends in Europe. There is an awareness of the mutual interest and benefit to us all in doing that.

The noble Baroness commented on soft power. That is a very important aspect of the approach. The carrier strike group is in fact a manifestation of the objective of the integrated review, which was to look at defence, security, trade and diplomacy and to recognise that these are all interconnected and do not exist alone in silos. That is one reason why the carrier strike group not only has defence security significance but has the flexibility to afford the promotion of relationships with friends and allies in different parts of the world and particularly to facilitate discussions in relation, for example, to trade. A trade conference has been proposed that would be on board CSG21 units. The strike group will play an important role in relation to these issues.

The noble Baroness also raised the role of China. It is important to be clear about the objective of the strike group. The strike group is to represent the support and positive relationships with our friends and allies in the Indo-Pacific area. It is not intended to be confrontational and the group will obviously be visiting parts of the South China Seas. We have enduring interest in the region and are committed to maintaining regional security. Wherever the Royal Navy operates, it does so in full compliance with international laws and norms. That is why we are clear that this deployment is not to be regarded as provocative or confrontational. That is not why we are engaging on this important exercise; it is because we want to show to our friends and allies in the region that the area matters to us. Strategically, it is important because of trade and potential trade links. It is also important in relation to our existing defence relationships that we have in that area. We are therefore positive about the reasons for this exercise. From the reaction we are getting, our friends and allies in the area are positive about us coming.

I scribbled down something that the noble Baroness asked me and I am ashamed to say that I cannot remember what it was about. I wrote down “international” but cannot recall the context of her question. I apologise. I will look at Hansard and undertake to write to her.

[The Deputy Speaker (Baroness Watkins of Tavistock) (CB)]

I understand that the Chief Whip wishes to speak now. Is that correct? I have been told that the noble Lord wanted to interrupt. I thank him. We will now proceed to the 20 minutes for the Back-Benchers.

[Lord Robathan (Con)]

My Lords, I applaud this deployment and it is excellent to see this extremely expensive carrier being put to good use. I wish the deployment of the strike force well and godspeed in these dangerous times. Does my noble friend think that it is sensible in such times to be reducing the number of ships in the Royal Navy and the number of aircraft in the Royal Air force, and slashing the size of the British Army? What signal does she think that that may send to our allies and potential adversaries?

[Baroness Goldie (Con)]

I should say to my noble friend that I do not share his somewhat pessimistic perspective. He will be aware that the defence budget is at unprecedented levels, which includes a healthy shipbuilding investment that will double over the life of this Parliament, rising to over £1.7 billion a year. We are also committed to exciting developments on our aerial front, including the RAF with the FCAS and our proposed investment in the F-35s. I should say to him in relation to the Army that we are moving into a completely new age of defence. That has been acknowledged, not just in the integrated review but in the defence Command Paper and the Defence and Security Industrial Strategy. He will understand that our intentions for the Army are to have a highly trained, skilled professional Army with expertise and which benefits from new technologies. Quite simply, that makes it possible for the Army to work with fewer people and achieve greater effect than was possible in the past. That is the point we have got to focus on. I should also say to my noble friend that we do not propose redundancies, but we will be looking at ways in which to achieve the diminutions with those who seek to retire.

[Lord Boyce (CB) [V]]

My Lords, as a submariner I echo the opening part of the Statement and its sentiments regarding condolences to the Indonesian navy and the families of the ship’s company of the submarine KRI Nanggala following its loss. I am sure your Lordships share these sentiments. Considerable fundraising efforts are well under way within the UK submarine community, aimed at supporting the bereaved families of the 53 fellow submariners lost.

Regarding the main part of the Statement, I welcome the very good lay down of what a carrier strike group can provide strategically, operationally and tactically. In the context of the strike group’s deployment to the Indo-Pacific, it is good to see recognition of the need to exert our legal right to freedom of navigation, especially in the South China Sea, and the opportunity that will be taken to re-energise our partnerships and alliances in the region, particularly with the FPDA.

The Statement very wisely does not give the carrier strike group’s detailed itinerary, thus rightly preserving the sovereign choice of options provided by a maritime force through its ability to poise on the high seas and come and go at a time of its choosing, and its range and flexibility of manoeuvre and capabilities, hard and soft. However, does the Minister agree that it would be sensible to look for an opportunity to establish a maritime relationship with the United States, India, Japan and Australia through the Quadrilateral Security Dialogue, the Quad?

[Baroness Goldie (Con)]

I thank the noble and gallant Lord for his condolences regarding the tragic situation of the Indonesian submarine where so many lives were lost. I share these condolences, and I am sure they are shared by everyone in the Chamber. I was very encouraged to hear what he said about our own submariner community showing support; we are very proud of it for doing that.

The noble and gallant Lord raises the important issue of the implications and impact of the carrier strike group, particularly in the Indo-Pacific area. As he rightly identifies, there are strategic, geopolitical and trade interests there and, of course, the important alliances and partnerships I referred to earlier. He is absolutely correct that the countries he has described are important to the United Kingdom. We already enjoy very strong relationships with these countries through a variety of means, and I am sure we are always willing to explore how these relationships can be advanced and progressed. He raises an interesting point, and that is no doubt something that will give rise to further discussion.

[Lord West of Spithead (Lab)]

My Lords, I congratulate the Government on generating this powerful force and agreeing to deploy it into regions of the world that are so important for our nation and for global security. They are also regions of the world where we are the largest European investor, and we need them for our balance of payments.

Twenty-five years ago in January, I was the battle group commander for a battle group of 19 ships which: deployed from the UK and went out through the Mediterranean; worked in the Gulf; flew the first operations in the Iraqi no-fly zone—only our fighters were able to do it, from the carrier; operated in the Indian Ocean; went to Singapore for a five-power defence arrangement; carried out an amphibious assault of over 2,000 men in Brunei; went through the South China Sea, Japan, Korea and numerous other countries; was there for the Hong Kong withdrawal; visited Australia; and returned home.

What came over to me then was that the Foreign Office was so desperately pleased with everything that was done in diplomatic terms and what it meant for UK Ltd. I signed £2.5 billion-worth of defence and other deals—not just defence contracts—and we were able to do humanitarian things in various parts of the world. The ability of a group to do these things is absolutely there. Just on the intelligence side of life, it was clear to us that the Chinese were very worried when they saw the capabilities of this group that we could deploy 8,000 miles away and carry out an amphibious assault. It makes their islands look a bit dodgy and they have to think about it. When I operated with 22 ships in the North Atlantic the year before, it showed the flexibility; these ships can get everywhere, and the Russians were very worried because they could never find us.

This is a very powerful and useful group, and well done to the Government for doing it. But I also say beware, because when I sailed from the UK in January it was a Conservative Government; when I returned in August it was a Labour Government, and my noble friend Lord Robertson of Port Ellen was the Minister of Defence, who was so taken by the capability of this force that in his very good strategic defence review he decided we needed big carriers. I am delighted we got them, because now we have them today doing this.

My question may be only a petty one. There is no doubt that this shipbuilding strategy sounds very good, but I am scarred by being told I am going to get ships but never standing on their quarterdeck. In each of the big deployments I did as a carrier battle group commander, I had two solid support ships with me. I notice that only one is going out to the Far East, and it is over 40 years old—RFA “Fort Victoria”. I ask the Minister: when will we actually put in the order for the three fleet solid support ships we need, and will they be built in this country? It is no good these things being put off. It is like with the Type 26s: we need the orders, and we need to start building.

[Baroness Goldie (Con)]

First, I say to the noble Lord that his youthful demeanour belies that he was commanding this impressive operation—I think it was Ocean Wave—in 1997. I am grateful to him for powerfully encapsulating the potential that a carrier strike group has. He made the point extremely well.

As the noble Lord is aware, we have a shipbuilding programme in place; he and I have exchanged views on that in the Chamber. I think it is a healthy programme; I detected from a meeting this morning that it has excited Navy Command and people there feel a sense of purpose and anticipation. I am delighted about that, because, as the noble Lord would agree, morale within our Armed Forces is very important. So I am pleased to confirm that.

On the fleet solid support ships, the noble Lord will probably be aware this is at a critical stage of contract progress, where consideration will be given to the award of a contract. I am constricted in what I can say about that, but he will know that the Secretary of State has been clear about his desire to proceed with augmenting the solid support ship fleet, and I anticipate we may be able to disclose more on that front in the not too distant future.

[Lord Wallace of Saltaire (LD) [V]]

My Lords, I am a little worried by the air of nostalgia in several paragraphs of this Statement, with references to our

“proud history … legendary Second World War vessels”,

and so on.

Does the Minister recall the speeches our then Foreign Secretary, Boris Johnson, made in his visits to the Middle East in December 2016 and early 2017, in which he talked about Britain returning east of Suez, having major bases in the Gulf and Diego Garcia and stationing vessels permanently out there—and, perhaps, marines and troops? Does she worry that this may lead us to overextension? Does she also recall that part of the justification for the withdrawal from east of Suez in the mid-1960s was that in order to sustain a ship on station in Singapore or east Singapore, it was estimated that four other vessels were needed—going out, coming back, working up and under refit? If that is what we are committed to, I strongly support the noble Lord, Lord West, in that we need an awful lot more frigates and aircraft carriers than we have.

[Baroness Goldie (Con)]

I was just trying to race through the potted history of all this. As the noble Lord, Lord West, carefully and eloquently outlined, we all have an understanding of what this is about, and we all regard it as being positive. The key to this is that we recognise we are living in a world where we work more strongly with alliances and partnerships.

As the carrier strike group heads off in May, it will be the start of a series of important messages and an indication of a more persistent presence in the Indo-Pacific area. There are plans for how we achieve that, and there will be flexibility in how we take that forward.

The noble Lord may think some of the language is tub-thumping and perhaps Victorian in character. I think this is facing up to the realities of what 21st-century global opportunity is. There are opportunities, and that is one of the reasons for the carrier strike group deploying. It is also a realistic assessment of the new order of things in the Indo-Pacific area and a desire to work with our allies and partners in recognising and addressing that.

[Lord Sarfraz (Con)]

My Lords, growing up, one of my fondest memories was visiting naval ships on good-will tours. Our carrier strike group will be visiting 40 countries. Due to Covid, I imagine we will have restrictions on visitor open days, but will my noble friend the Minister tell us whether we have thought of alternative, maybe even virtual, means to show the flag during this tour?

[Baroness Goldie (Con)]

My noble friend makes an important point. This entire deployment has been planned with a sharp eye on the possible implications of the pandemic. I reassure both my noble friend and the Chamber that we are deploying the carrier strike group mindful of the risks of Covid-19. We are working hard within the strike group itself and alongside nations that we hope to engage with during the deployment to ensure that we implement and understand the current safety measures and requirements, and can plan activity accordingly. But he makes a good point: what is plan B if, for any reason, the pandemic intervenes in an unwelcome fashion? We will look to ensure that we maximise engagement, as far as possible. We will be creative and innovative and, yes, use virtual means where appropriate.

[Lord Ramsbotham (CB) [V]]

My Lords, I ask the Minister: how many small ships are left to protect the United Kingdom’s coastline, when those required to accompany the carrier strike group are taken away?

[Baroness Goldie (Con)]

I reassure the noble Lord that we are satisfied that we will have sufficient maritime capability to deal with all the obligations that fall on us to keep the country safe and discharge our defence responsibilities.

[Baroness Bennett of Manor Castle (GP) [V]]

My Lords, I frame my question in the context of the integrated review of security, defence, development and foreign policy, which places supporting human rights, the rule of law and the COP climate process at the centre of our approach to security.

The Statement is glowing about our Five Power Defence Arrangements with Malaysia, Singapore, Australia and New Zealand, which is described as being based on

“common shared values of tolerance, justice and the rules-based order.”

I ask the Minister how that squares with the failure to make progress on the rule of law and democracy in Malaysia, including its use of the Communications and Multimedia Act to target human rights offenders, activists and cartoonists; the delivery of a death penalty sentence for drugs offences by Zoom, in Singapore last year, and the pursuit of political bloggers with swingeing defamation suits there; and the disastrous record of Australia on climate action and biodiversity destruction, plus the damning judgment of the UN special rapporteur on the rights of indigenous peoples on its treatment of indigenous people.

[Baroness Goldie (Con)]

The noble Baroness encapsulates the relevance, significance and purpose of the carrier strike group. The difficulties to which she refers can be unilaterally addressed by the United Kingdom on the diplomatic front. We engage with Malaysia, and we articulate concerns when we feel that matters need to be brought to the attention of any Government. I underline that the carrier strike group is about standing up for the values that we all cherish within the United Kingdom—values we know are shared by our friends and allies, not least in the Indo-Pacific area. One of the best manifestations and indications of support that we can give is to get the carrier strike group out there, with the momentum it will generate and its capacity to excite, encourage and make our friends and allies realise that, together, there is so much that we can do that is positive and can assist. The common difficulties to which she refers are part of that, and will have a better chance of being resolved if we all work as a team to address them.

[The Deputy Speaker (Baroness Watkins of Tavistock) (CB)]

That completes noble Lords’ questions on the Statement.

Overseas Operations (Service Personnel and Veterans) Bill

Baroness Goldie Excerpts

Consideration of Commons amendments
Wednesday 28th April 2021 Lords Chamber

Moved by

[Baroness Goldie]

That this House do not insist on its Amendments 1S, 1T and 1U and do agree with the Commons in their Amendments 1V, 1W, 1X, 1Y and 1Z in lieu.

1V: Page 12, line 39, leave out from “crimes)” to end of line 2 on page 13

--- Later in debate ---

1Z: Page 14, line 33, leave out sub-paragraph (b)

[The Minister of State, Ministry of Defence (Baroness Goldie) (Con)]

My Lords, I am extremely pleased to confirm that the Commons has agreed to the government Amendments 1V, 1W and 1X in lieu of Lords Amendments 1S to 1U. In doing so, I draw attention to the consequential Amendments 1Y and 1Z—which were also agreed—to the government amendments, which serve only to delete the now unnecessary definition of articles in Schedule 1.

As I set out in some detail in our debate on this issue on Monday, it has always been the Government’s view that the measures in the Bill will not increase the risk of our service personnel or veterans being investigated or prosecuted by the International Criminal Court. Accepting this amendment in lieu, which will exclude all offences that fall within the jurisdiction of the International Criminal Court, including war crimes, will offer further reassurance and put this issue beyond any doubt.

The other place has agreed to Lords Amendment 1R, which excludes all offences under the Geneva Conventions Act 1957 from Part 1 of the Bill. The grave breaches of the Geneva conventions referred to in that Act are also war crimes offences through the International Criminal Court Act 2001. As such, it is right that these offences should also be included in Schedule 1 in order to maintain a consistent approach.

The measures in Part 1 of the Bill will apply to all “overseas operations”, as defined in Clause 1(6), and it is perhaps worth remembering that not all alleged offences committed on an overseas operation will amount to an ICC Act offence. I can reassure your Lordships, therefore, that service personnel and veterans will continue to receive the benefits of the additional protections provided by the measures in Part 1 of the Bill in respect of historical alleged criminal offences under the criminal law of England and Wales through the Armed Forces Act 2006, saving those offences that have been excluded by Schedule 1.

The decision of whether to exclude war crimes from the measures in the Bill has limited practical effect. In practice, the prosecutor would still have retained their discretion to prosecute an individual for a war crime, because any credible allegation would be likely to trigger the exceptionality threshold in the presumption. The decision to exclude war crimes is aligned with the highest standards that we expect from all our Armed Forces personnel, the overwhelming majority of whom meet those expectations and serve with great distinction. But we rightly hold anyone to account when they fall short of these expectations.

The Bill delivers the Government’s commitment to protect our service personnel and veterans from the threat of legal proceedings in connection with historical overseas operations many years after the events in question, and it reinforces our continuing commitment to strengthen the rule of law and maintain our leading role in upholding the rules-based international system. We intend to maintain our leading role in the promotion and protection of human rights, democracy and the rule of law.

The Government have listened to the concerns of both Houses, particularly the concerns so eloquently expressed by noble Lords on this matter, and the other place has accepted the government amendments in lieu. I therefore urge your Lordships to likewise accept these amendments.

I also beg to move Motion B, that this House do not insist on its Amendment 5B, to which the Commons have disagreed for their reason 5C.

--- Later in debate ---

[Baroness Goldie (Con)]

My Lords, first, I offer my apologies to the Chamber and the Deputy Speaker for my inadvertent acceleration of proceedings. At this time of day, immediately after a Statement, I fell into the trap of reading the two speeches I found in the folder together. I emphasise that no discourtesy was intended to the Chamber, and very particularly I say to the noble Lord, Lord Dannatt, that none was intended to him.

I thank noble Lords for their comments, and particularly the noble Lord, Lord Robertson, for his singular contribution to this issue. I am very grateful that on what is an important issue we have managed to reach a position acceptable to him and his fellow contributors. I am very grateful to the noble Baroness, Lady Smith, for her helpful comments on the Bill and for her desire to get it passed. I also express to the noble Lord, Lord Tunnicliffe, my appreciation of his acknowledgement, while he may still have reservations about aspects of the Bill, of the progress made to bring it to an acceptable place.

I thank noble Lords for their contributions, and I commend the Motion.

Motion A agreed.

Moved by

[Baroness Goldie]

That this House do not insist on its Amendment 5B to which the Commons have disagreed for their Reason 5C.

5C: Because it is not necessary, and would not be practicable, to define a legally binding standard of care in relation to the matters referred to in the Lords Amendment.

[Baroness Goldie (Con)]

I beg to move Motion B. I again apologise to the noble Lord, Lord Dannatt, for inadvertently making my speech in advance; I am sure that all your Lordships will be relieved to hear that I do not intend to repeat it. However, I wish to say how much I have appreciated the noble Lord’s profound and passionate interest in the issue which he is pursuing. I know that that is born out of a genuine desire to do his best and ensure that Parliament does its best for our Armed Forces personnel. Therefore, although I will not repeat my speech, I shall certainly listen with great interest to what he has to say.

Motion B1 (as an amendment to Motion B)

Moved by

--- Later in debate ---

[Lord Tunnicliffe (Lab) [V]]

My Lords, again, after another overwhelming majority in this House, the Government have rejected a duty of care standard for personnel and veterans who face investigations and litigations. This legislation is still very far from doing what it says on the tin: protecting British forces personnel serving overseas from vexatious litigation and shoddy investigations. It still fails to incorporate a duty of care for forces personnel who are faced with allegations, investigations, and litigation.

The gap was identified by veterans faced with investigation or litigation consistently saying that they are cut adrift by their chain of command and abandoned entirely by the MoD, with no legal, pastoral, or mental health support. Major Bob Campbell made that point so powerfully, from his own dreadful experience, in evidence to the Public Bill Committee in the other place. As the noble Lord, Lord Dannatt, has said,

“when this new Bill passes into law it will singularly fail to provide the protection that serving and veteran members of the Armed Forces believe it should provide.”—[Official Report, 26/4/21; col. 2109.]

The Government’s arguments have been weak against this amendment. They argued that they already provide this support, yet a gap has been clearly highlighted time and again. They also argued that it could lead to more troops being caught up in litigation—when all the Government need to do to avoid this is to fulfil their responsibilities—and that the duty of care amendment has drafting issues, when the Government have failed to produce their own version, as with the amendment tabled by my noble friend Lord Robertson.

With prorogation fast approaching, I accept that we should not divide on this amendment tonight. I will be entirely happy if the noble Lord, Lord Dannatt, withdraws his amendment for now, but I urge the Minister to think hard about this, as we will return to this issue in the Armed Forces Bill.

[Baroness Goldie (Con)]

My Lords, I thank the noble Lord for his comments, and for his warm personal comments to me as an individual, which I appreciate. I also thank the noble Baroness, Lady Smith, and the noble Lord, Lord Tunnicliffe, for their contributions.

The noble Lord referred to this as a matter of principle. He may be surprised to hear me say that a duty of care is a very important matter of principle. On the principle, there is proximity between him and the Government, but the divergence of view is on the mechanism. Does doing this by statute makes things better for our Armed Forces personnel, or does such a statutory creation, through unintended consequences, inadvertently make things worse by creating scope for more litigation and possibly inhibiting operational command?

These are significant matters, and I sense that the noble Baroness, Lady Smith, recognises the need for caution—not in terms of what we all want, because I think there is a lot of agreement on that, but on the question of how we safely get there.

I am very grateful to the noble Lord, Lord Dannatt, for not pushing this to a Division this evening and recognising that there is merit in getting this Bill passed, but I warmly suggest to him that we continue our engagement and continue to explore whether we can find a route forward. I am a great believer in dialogue and discourse; when there is such obvious conjunction of opinion over what we want to try to achieve for our Armed Forces personnel and why, I like to think it might be possible to explore a safe road towards arriving at that destination—one which does not involve the hazards I have outlined.

I look forward to that continued engagement with the noble Lord and again express my appreciation to him for not moving this issue to a Division this evening.

Overseas Operations (Service Personnel and Veterans) Bill

Baroness Goldie Excerpts

Consideration of Commons amendments
Monday 26th April 2021 Lords Chamber

Moved by

[Baroness Goldie]

That this House do not insist on its Amendment 1 and do agree with the Commons in their Amendments 1A to 1Q in lieu.

1A: Page 4, line 19, at end insert—
“(5A) An offence is not a “relevant offence” if it is an excluded offence by virtue of Part 3A of Schedule 1.”

--- Later in debate ---

1Q: Page 14, line 34, at end insert—

[The Minister of State, Ministry of Defence (Baroness Goldie) (Con)]

My Lords, in proposing their amendments in lieu, the Government have listened to the very real concerns expressed by many in both Houses. I wholeheartedly concur with the thanks expressed by the Minister for Defence People and Veterans in the other place last week to my friend—I call him my “friend” in the most healthy and familial sense of the word—the noble Lord, Lord Robertson, for his constructive approach to this issue.

The Government have recognised the strength of concern that, by excluding only sexual offences and not other serious offences, the Bill risks damaging not only the UK’s reputation for upholding international humanitarian and human rights law, including the United Nations convention against torture, but also the reputation of our Armed Forces.

While the other place rejected the amendment proposed by the noble Lord, Lord Robertson, they accepted the Government's amendments in lieu to add genocide, crimes against humanity and torture to the excluded offences in Schedule 1, and to remove the delegated power in Clause 6(6), which allows the Secretary of State to amend Schedule 1.

Although we can be absolutely reassured that our Armed Forces would never resort to acts of genocide or crimes against humanity, and that it would be extremely unlikely for individual members of the services to be charged with such offences, the Government accepted, with the support of the other place, that not explicitly excluding these offences from the Bill was a clear omission that needed to be rectified. In addition, the Government recognised, with the support of the other place, that, to prevent any further perceived damage to the UK’s reputation in respect of our ongoing commitment to upholding the rule of law and our international obligations—particularly the United Nations convention against torture—torture offences should also be added to the list of excluded offences in Schedule 1.

Although the Government were not supportive of excluding further offences at that stage, they have continued to reflect on the very real concerns in both Houses that all offences that fall within the jurisdiction of the International Criminal Court, including war crimes, should be excluded from the measures in Part 1. I can confirm to the House that the Government will therefore table an amendment in lieu of Motion A1 in the name of the noble Lord, Lord Robertson, to exclude war crimes also.

I am also aware that many continue to have concerns that the International Criminal Court can step in to investigate and prosecute United Kingdom Armed Forces personnel. I am happy to reassure on the perceived risk of ICC intervention. I invite your Lordships to consider the criteria that might surround an allegation that the complainant maintains is a war crime. The prosecutor would have to consider the case evidence referred by the service police and if, in the opinion of the prosecutor, the evidence was sufficient to indicate that a war crime had been committed and that there was a reasonable prospect of conviction, the prosecutor would consider the public interest in the case being prosecuted, including whether the accused was fit to stand trial. With the strong likelihood that a prosecutor would determine that the case should be prosecuted, subject to the consent of the Attorney-General, this could all proceed well within five years.

However, if, for some reason, the allegation did not arise until after five years but sufficient evidence still existed that a war crime had been committed, the prosecutor could still determine that the public interest in prosecuting such a serious offence would rebut the measures in Part 1 of the Bill. A prosecution would therefore proceed, again subject to the consent of the Attorney-General.

It is important to be clear that there are already many instances where a prosecutor could exercise discretion not to prosecute a case and the ICC would not intervene—for example, if the evidence was not deemed sufficient because it was not robust, or the recollections of the witnesses were unclear or in conflict with each other. In such circumstances, the prosecutor might likely conclude, understandably, that there was not a justiciable case, and the case would not proceed to prosecution. In this case, the prosecutor would not have to consider the public interest or the Bill’s measures. However, in this circumstance, although the International Criminal Court could theoretically seek to intervene, it is inconceivable to me that it would.

Similarly, if the prosecutor exercising the discretion he or she has under the existing prosecutorial guidance took the view that the accused was not fit to stand trial, and that a prosecution was not sustainable or not in the public interest for some other valid reason, I think it again inconceivable that the ICC would intervene. As such, we have to be very careful with the distinction between “could” and “would”. I am illustrating how, if a prosecutor decides for valid reasons not to prosecute, there is no reasonable basis to conclude that the ICC would consider that the UK is unwilling or unable to prosecute a particular case and would then intervene.

Furthermore, I also make clear that, in accordance with the International Criminal Court’s procedures, a preliminary examination would first need to be initiated by the Office of the Prosecutor to decide whether it would be necessary for the ICC to seek to intervene in a state investigation or prosecution. In practice, if the Office of the Prosecutor were to raise issues with us, this would trigger a long and detailed preliminary examination of the situation, within which we would be consulted each step of the way. This would mean that we would have many opportunities to prevent UK service personnel being prosecuted at the International Criminal Court. We are confident that we would be able to show that the UK national system is both willing and able to conduct investigations and prosecutions, thus excluding the ICC’s jurisdiction over UK service personnel.

I have given that rather lengthy analysis and explanation because I seek to provide further reassurance to your Lordships on this particular issue. I believe that Commons Amendments 1A to 1Q go a very long way to addressing the concerns of this House in respect of relevant offences. I therefore urge that the House agrees to them, in lieu of Lords Amendment 1. I can confirm that the Government will not oppose Amendments 1R to 1U in the name of the noble Lord, Lord Robertson, noting that they will table a further amendment in lieu tomorrow. I beg to move.

Motion A1 (as an amendment to Motion A)

Moved by

--- Later in debate ---

[Lord Tunnicliffe (Lab) [V]]

My Lords, following the overwhelming defeat in this House a couple of weeks ago, the Government’s decision to accept parts of the amendment of the noble Lord, Lord Robertson, to exclude torture, genocide and crimes against humanity from the presumption against prosecution was a welcome step forward. This was testament to the efforts of the noble Lord and the vast coalition of supporters inside and outside this House. I pay tribute to them all today.

We should not forget that these serious offences are illegal and immoral. Under all circumstances, they must be investigated, and if there are grounds for the allegations, there must be prosecutions and punishment. Not including them in Schedule 1 from the beginning was a mistake, and one that could have led to British personnel and veterans being dragged before the ICC, as the ICC’s chief prosecutor herself said. Now, she has written another letter about the current government concessions, saying:

“I remain concerned that many war crimes within the Court’s jurisdiction would still be subject to the envisaged statutory presumption … any gap between the scope of coverage in the excludable offences under the proposed legislation and conduct which might otherwise constitute a crime within the jurisdiction of the Court would risk the persistence of … rendering relevant cases concerning such conduct admissible before the ICC.”

Therefore, it was clear that there remained a serious problem and that the Government were still picking and choosing some crimes that are covered by the Geneva conventions.

We still believe that war crimes must be excluded and strongly support Motion A1 to exclude everything covered by Article 8.2 of the Rome treaty. We are therefore delighted with the Minister’s speech. Essentially, I believe the Government accept the essence of Motion A1, and we will see that in the new amendment from the Commons. I thank the Minister for her efforts and her willingness to talk to many interested parties. We have got to the right place.

It might be useful to lay out what I expect to happen now. As I understand it, Motion A1 will be pressed by the noble Lord, Lord Robertson, and the Government will accept it on the voices. It will then go back to the Commons, and an amendment in lieu will be moved by the Government. It will have substantially the same effect as Motion A1, and it will be approved in the Commons. The new amendment will then be returned to us, where we will unreservedly welcome and approve it. That will be a happy outcome to this complex debate.

I join other Members in celebrating that there have been a variety of speeches looking at this subject in this session, in previous sessions and outside the House. I accept that getting the balance right is a matter of some subtlety, but I believe we have got to the right place, and I look forward to the amendment in lieu coming back to us.

[Baroness Goldie (Con)]

My Lords, first, I thank all noble Lords for their contributions. Again, I thank and pay tribute to the noble Lord, Lord Robertson, for his assiduous attention and perseverance in respect of this issue. I endeavoured to engage widely, and I thank noble Lords for the recognition of that engagement. I was anxious to do my level best to understand where the concerns really lay.

I thank noble Lords for the welcome they have extended to the Government’s change of position on this. As indicated by the last speaker, the noble Lord, Lord Tunnicliffe, I welcome the recognition that there was a balance to be struck. I now detect, quite clearly, I think, that your Lordships are seeing the Bill reach a shape whereby it is a positive advance, providing clarity and greater certainty to our Armed Forces personnel. As I said in my opening speech, the Government will not oppose the amendment of the noble Lord, Lord Robertson, and they will table an amendment in lieu to ensure drafting accuracy.

[Lord Robertson of Port Ellen (Lab) [V]]

I am delighted with what the Government have said and with the support that has been given to this amendment in this House. We are doing absolutely the right thing by our troops. The noble and gallant Lord, Lord Houghton, makes the strong point, which I have heard from a number of military officers, that to have left any vestige of possibility that our troops might have appeared before the International Criminal Court would have been a disgrace, entirely wrong and very damaging to the morale of those who are still deployed to defend this country and its interests.

The offences under Article 8.2 of the Rome statute are protected in international law as being without limit of time. To have invoked any presumption against prosecution for those offences would have been to be in breach of international law and international humanitarian law. If that had happened, it would have been a stain on our country, or, as one of the senior military representatives said, a national embarrassment.

This country has also been saved from the use of this legislation by every dictator and warlord in the world, who would have used it as a precedent for their own illegal actions. Even in the last few weeks, we have seen a number of countries subject to the ICC jurisdiction praying in aid this draft of the legislation. We have been saved from that as well.

I, of course, admire and respect those who serve in our name in conflicts overseas. They do so bravely, tenaciously and professionally. As Defence Secretary and then Secretary-General of NATO, I often had to make decisions about the deployment of these individuals and place them in harm’s way. These were never easy decisions to make, but I was comforted by the fact that our Armed Forces always act within the law. To single them out as being somehow above these laws would have done a disservice to them and to their purpose.

I thank the Minister for her consideration and for listening, the Secretary of State, who listened to the voices that have come from such a wide range of opinion, and all those who have helped in this particular argument. I look forward to seeing, before they are tabled, the drafting amendments that the Minister promises will be brought forward for the amendment in lieu in the other place. As a matter of form, I beg to move Motion A1.

--- Later in debate ---

Moved by

[Baroness Goldie]

That this House do not insist on its Amendment 2 to which the Commons have disagreed for their Reason 2A.

2A: Because it would not be appropriate to restrict the investigation of alleged offences as proposed in the Lords Amendment.

[Baroness Goldie (Con)]

My Lords, it is the Government’s view that the timescales included in the amendment are operationally unrealistic, do not take account of the nature of investigations on overseas operations and could put us in breach of our international obligations under the European Convention on Human Rights to effectively investigate serious crimes. Where the service police have reason to believe that an offence may have been committed, they have a legal duty to investigate it. Artificial timelines and restrictions placed on them in respect of the conduct of investigations would clearly prevent them carrying out effective investigations and would impinge on their statutory independence.

--- Later in debate ---

[Lord Tunnicliffe (Lab) [V]]

My Lords, we continue to accept and recognise the problem of baseless allegations and legal claims arising from Iraq and Afghanistan under both Labour and Conservative Governments. But the Bill, unamended, just does not do what was promised—that is, to protect British personnel serving overseas from vexatious legal claims and shoddy investigations. This is the gaping hole in this Bill, and it could be neatly fixed in the way that was proposed by the noble Lord, Lord Thomas.

I remind the Minister that the conditions set on investigations in the amendment are not arbitrary, nor are they time limited. The proposal ensures timely, not time-limited, investigations. This is not unrealistic, because it has been tried and tested in civilian law, and that is one of the reasons why the former Judge Advocate-General is so keen on such a proposal. We have worked hard with the Government and across the House to try to build a consensus on this. While we believe this has been achieved with colleagues from all sides, the Government remain extremely resistant to proposals, so we are forced to recognise the restraints and realities of ping-pong. Therefore, we support the calls by the noble Lord, Lord Thomas, for the amendment to be referred to Sir Richard Henriques, and reported on in time for it to be considered in the Armed Forces Bill, to ensure that we return to the issue.

[Baroness Goldie (Con)]

I thank the noble Lord, Lord Thomas of Gresford, for his Motion B1. He referred to my remarks at Second Reading relating to trying to address protracted and repeated investigations, and I stand by these remarks which, within the context of the Bill, seek to provide greater clarity and certainty to our Armed Forces personnel, but not by imposing artificial time limits on investigatory processes. That is implicit within the noble Lord’s amendment.

I accept that the noble Lord, Lord Thomas of Gresford, is well intentioned. He suggests that his amendment should be referred to Sir Richard Henriques, and the Government certainly have no objection to that. Indeed, Sir Richard Henriques may already have been closely following debates in this Chamber on the Bill. The noble Lord’s amendment may be a fruitful subject on which Sir Richard may wish to reflect. I cannot commit, of course, to saying that the report from Sir Richard will be concurrent with the Armed Forces Bill. Its Second Reading may reach this Chamber in June, and I understand that Sir Richard hopes to produce his report in the early summer. Again, while we will all be very interested in learning what Sir Richard has to say, the noble Lord, Lord Thomas of Gresford, will understand that I cannot commit the Government to whatever he may produce in his ultimate report. I certainly believe in having a wide field of material available for consideration of complex issues. If that reassures the noble Lord, Lord Thomas of Gresford, I hope he will be minded not to move Motion B1 to a division.

[The Deputy Speaker (The Earl of Kinnoull) (Non-Afl)]

I have received no requests to ask any short questions of elucidation, and accordingly call the noble Lord, Lord Thomas of Gresford.

--- Later in debate ---

Moved by

[Baroness Goldie]

That this House do agree with the Commons in their Amendment 3A.

3A: Title, line 1, leave out from “proceedings” to “in” in line 2.

4A: Because the limitation periods proposed in Part 2 of the Bill allow reasonable time for the bringing of claims, and it would be incompatible with the European Convention on Human Rights for different periods to apply in respect of different types of claimant.

[Baroness Goldie (Con)]

My Lords, I beg to move Motions C and D.

Amendment 3A in Motion C is simply a consequential amendment to the title of the Bill as a result of moving the duty to consider derogation provision.

Commons Reason 4A in Motion D reflects the representations I made to this House previously, that the absolute limitation periods proposed in Part 2 of the Bill allow reasonable time for the bringing of claims, and that it is incompatible with our obligations under the European Convention on Human Rights for different periods to apply in respect of different types of claimant.

--- Later in debate ---

[Lord Tunnicliffe (Lab) [V]]

My Lords, we are very disappointed that the Government have rejected our amendment to Part 2 of the Bill. We still believe that it is simply wrong for those who put their life on the line serving Britain overseas to have less access to compensation and justice than the UK civilians whom they defend, or indeed than their colleagues whose service is largely UK based. The amendment was designed to ensure that claims by troops or former service personnel were not blocked in all circumstances after six years, as they would otherwise be under the Bill.

This provision also directly breaches the Armed Forces covenant, as the director-general of the Royal British Legion confirmed. He argued: “I think it”—by implication, the Bill—

“is protecting the MOD, rather than the service personnel”.—[Official Report, Commons, Overseas Operations (Service Personnel and Veterans) Bill Committee, 8/10/20; col. 86.]

While our concerns have not gone away, we recognise that the Government have shown absolutely no desire to change this, so we will not ask the other place to think again with another vote. However, we strongly urge the Government to think further on this matter, and we will return to it as soon as possible.

For now, I want to thank colleagues for their unwavering support for our amendment, especially the noble and gallant Lords, Lord Stirrup and Lord Boyce. Having created such a widely based coalition against this part of the Bill, the Government should think long and hard and use the opportunity of the Armed Forces Bill to correct this deeply unwise feature of this one.

[Baroness Goldie (Con)]

My Lords, I thank both the noble Lord, Lord Thomas of Gresford, and the noble Lord, Lord Tunnicliffe, for their contributions. I think that what emerges is a simple divergence of opinion. I say to both noble Lords that the problem with Amendment 4 is discrimination between different personnel engaged in the same activity on which the Bill is predicated, an overseas operation. These differences of opinion are unlikely to be reconciled, but I thank the noble Lords for their contributions.

Motions C and D agreed.

Moved by

[Baroness Goldie]

That this House do not insist on its Amendment 5 to which the Commons have disagreed for their Reason 5A.

5A: Because it is not necessary, and would not be practicable, to define a legally binding standard of care in relation to the matters referred to in the Lords Amendment.

[Baroness Goldie (Con)]

My Lords, I have said before, and I say again, that the MoD takes seriously its duty of care for service personnel and veterans. There already exists a comprehensive range of legal, pastoral, welfare and mental health support for them. I have previously spoken at length to your Lordships about the nature of this support and do not propose to repeat my comments in full, but I wish to highlight a couple of the key points.

First, service personnel are entitled to receive legal support where they face criminal allegations or civil claims that relate to actions taken during their service and where they were performing their duties. Legal advice and support is also available whenever people are required to give evidence at inquests and inquiries and in litigation.

Secondly, a range of welfare support and mental health support is routinely offered to all our people. The potential impact of operations on a service person’s mental health is well recognised, and policies and procedures are in place to help manage and mitigate these impacts as far as possible. Additionally, the Office for Veterans’ Affairs works closely with the MoD and departments across government, the devolved Administrations, charities and academia to ensure the needs of veterans are met.

As your Lordships would have noted from the Secretary of State’s Written Ministerial Statement, significant progress has been made to ensure that our service personnel and veterans have access to a comprehensive package of legal, pastoral and mental health support. We therefore believe that it is unnecessary to establish a statutory duty of care.

Not only is Amendment 5 unnecessary but it could result in unintended and undesirable consequences. Whether an individual wants or needs pastoral, welfare and mental health support is a personal issue. A duty of care “standard” could, if not carefully drafted, end up as a one-size-fits-all approach, not being flexible enough to cope with the needs and wishes of individuals as they arise and are identified. It could even engender an approach whereby support is provided only in accordance with the “standard”, which may leave personnel without the right support at the right time for them.

We are also deeply concerned about the potentially negative effect of the amendment if it is included in this legislation. It is clear that it is likely to lead to an increase in litigation, which will mean more of our people being subject to potentially lengthy and stressful court proceedings. That is profoundly undesirable and contrary to the objectives of this Bill. I think that many of your Lordships will recognise that pastoral and moral duties are extremely difficult adequately to define, and there is a real risk that attempting to do so will lead to more, rather than less, litigation and greater uncertainty.

We are also concerned that, as investigations and allegations arise and often occur in the operational theatre during conflict, involving the commanding officer, the Royal Military Police and service personnel, the amendment may have unintended consequences which impact on the operational theatre and, again, lead to an increase in litigation. That is not some draconian concoction or lurid speculation; it is the simple practical fact of introducing a legal standard which, despite the efforts to exclude from the doctrine of combat immunity, could well encroach into the operational theatre.

The MoD is clear about its responsibilities to provide the right support to our personnel, both serving and veterans, and to seek to improve and build on this wherever necessary. Setting a standard for a duty of care in this Bill is neither necessary nor desirable. I urge the noble Lord not to press his amendment. I beg to move.

--- Later in debate ---

[Lord Tunnicliffe (Lab) [V]]

My Lords, we remain four-square behind the important amendment from the noble Lord, Lord Dannatt, to provide a duty of care standard for personnel and veterans who face investigations and litigations. It remains unclear why the Government will not accept this limited proposal. If it is simply because they fear being sued for not fulfilling their responsibilities, I simply say to the Minister that all the Government need to do is to make sure their duty is fulfilled in the first place.

It has been suggested that it is unreasonable to single out the Armed Forces for this protection but, as the noble Baroness just pointed out, the covenant shows that the law recognises that being a soldier or serviceman in a combat situation is special and different. In no other job can you require somebody to go into a potentially lethal situation and, in the final analysis, die for their country. This amendment recognises that there needs to be something special when people have worked under conditions that those of us who have never been in that level of tension, responsibility and fear probably cannot understand. We can at least partly understand how difficult it must be. Surely, there should be a reciprocal movement by government, the command and the MoD to support those in such danger when they come under the aegis of the law and have the difficult job of defending themselves. This amendment merely makes sure that they are properly looked after and that anybody making decisions about how they are looked after recognises that, at the end of the day, there is hard legislation.

Since we last debated this amendment in this House, we have had a change of Minister for Defence People and Veterans—the ministerial lead for this legislation. While there are certainly mixed opinions about him, no one can fault Johnny Mercer’s passion or sense of mission. His resignation letter to the Prime Minister lays bare the failings of the Government on veterans’ concerns by saying that

“we continue to say all the right things”

yet

“fail to match that with what we deliver”.

Clearly, there is an issue and we believe that having this duty of care on the face of the Bill will allow the Government to deliver while being reminded how Ministers come and go but statutory protection remains in place. We have heard how troops and their families who have been through the trauma of these long-running investigations have felt cut adrift from the Ministry of Defence. When Major Campbell was asked what support the MoD gave him, he replied simply: “There was none”.

We believe that the Government should think long and hard about this amendment. It is an unlikely coalition of three former Chiefs of Staff of their respective parts of the Armed Forces, politicians from around this Chamber, and many outside, who recognise the value of looking after our troops when they are in difficult times. This has to change and we believe that legislative change is the right way. We therefore support the noble Lord, Lord Dannatt, in asking the Government to think again. If the noble Lord feels that he has had an unsatisfactory response and wishes to divide the House, we will support him.

[Baroness Goldie (Con)]

I thank the noble Lord, Lord Dannatt, the noble Baroness, Lady Smith, and the noble Lord, Lord Tunnicliffe, for their contributions. I realise that this is an important debate. It is an issue which, as I have recognised in previous contributions, elicits very strong and sincerely held views and feelings.

The noble Lord, Lord Dannatt, referred to my former ministerial colleague, Johnny Mercer. I pay tribute to him and recognise his commitment to veterans, as I pay tribute to his successor, my honourable friend Leo Docherty, himself a former soldier, who has a deep and abiding interest in veterans.

I listened carefully to the contributions across the Chamber. What I have not heard in response to my attempt to describe the wide range of support which is offered to our Armed Forces personnel and veterans—through a range of directly provided services, likely to be the case, for example, with serving personnel; or in conjunction and co-operation with veterans’ charities; or through consultation with the devolved Administrations, many of whom are responsible for delivering the essential services and support which our veterans require; or through the Armed Forces Covenant and how we propose to develop that further in the Armed Forces Bill—is a detailed indication of where the MoD is falling short. I certainly feel it would be helpful to have greater clarity about what noble Lords think are the deficiencies of the MoD in this context.

I have also not heard a response to the Government’s legitimate concerns about the unintended consequences and the potential legal implications of creating a statutory duty of care. As I pointed out, this has to exist alongside the common-law doctrine of combat immunity and the very real concerns that this well-intended amendment could stray into and inhibit activity in the operational theatre. None of the contributions addressed these legal concerns or provided any alternative legal view. If one is available, it would be helpful to the discussion to hear what it is.

Afghanistan

Baroness Goldie Excerpts

Wednesday 21st April 2021 Lords Chamber

[Lord Tunnicliffe (Lab) [V]]

My Lords, I join Ministers in paying tribute to the British Armed Forces who have served in Afghanistan, and especially to the 454 personnel who have lost their lives. We honour their service and their sacrifice. With the full withdrawal of NATO troops, it is hard to see a future without bloodier conflict, wider Taliban control and greater jeopardy for former interpreters and women. The Chief of the Defence Staff said that this was

“not a decision we had hoped for”.

Did the UK try to stop the US taking this decision? What steps will NATO allies now take to ensure that Afghanistan does not again become a breeding ground for terrorism, and what ongoing support will the Government provide to personnel and veterans who have been injured in Afghanistan?

[The Minister of State, Ministry of Defence (Baroness Goldie) (Con)]

I thank the noble Lord for his tribute to our Armed Forces and particularly for his acknowledgement of those who have paid the ultimate sacrifice. I entirely endorse his welcome and kind remarks. In response to his question, the United Kingdom has regular conversations with US counterparts on a range of issues, and we consult closely. As the noble Lord is aware, this is a NATO mission in Afghanistan and we were always clear that we would proceed in concert with our NATO allies and partners, which we have done. Regarding the noble Lord’s apprehensions, our support of the NATO mission has brought Afghanistan to a much better place than it was in 2001.

[Baroness Smith of Newnham (LD) [V]]

My Lords, I too pay tribute to our service personnel who have served in Afghanistan, particularly those who have made the ultimate sacrifice. In his Answer, the Secretary of State said that we could not stay in Afghanistan indefinitely, but are there ways in which the MoD would envisage supporting the Afghan national security forces going forward, perhaps in the sense of training or other forms of co-operation?

[Baroness Goldie (Con)]

We are looking at the start of a new chapter for Afghanistan. We look forward to consulting closely our NATO allies and partners on the way forward. Afghanistan is now shifting the focus to the political process, which is an important component in its journey forwards, hopefully towards peace.

[Baroness Hodgson of Abinger (Con) [V]]

My Lords, I too pay tribute to the brave contribution and sacrifices made by our British forces in Afghanistan. I would question the evidence of the Taliban changing its stance. One has only to consider the escalating violence in the country in recent months, and in areas where it holds control, girls’ schools are already closing. How will we ensure that human rights, and particularly women’s rights, are protected? If we do not, all those women who have stepped forward to take part in public life will be left at risk.

[Baroness Goldie (Con)]

We will continue to stand with the people of Afghanistan to support a more stable, peaceful future for the country, and we wholeheartedly support the United States-led efforts to energise the peace process. We have been clear that the Taliban must engage meaningfully in a dialogue with the Afghan Government. We have been equally clear that, in going forward, the Afghan Government must respect and protect the advances which have been made in respect of women and children.

[Baroness Coussins (CB)]

My Lords, troop withdrawal is guaranteed to exacerbate the danger to Afghan interpreters who have helped our Armed Forces. The new relocation and assistance policy is welcome, but can the Minister reassure the House that the embassy staff administering it will proactively identify interpreters needing protection who could be in danger if they approach the embassy for help? Can she also confirm that the new scheme covers family members and that it will absolutely not be contracted out to a private company?

[Baroness Goldie (Con)]

The noble Baroness makes a very important point. I have paid tribute before and do so again to her enduring interest in this issue. The relocations and assistance policy, which as she knows was updated last year and launched at the beginning of this month, is open to all our current and former locally employed staff in Afghanistan, irrespective of date, role or length of service. As she is aware, they must satisfy certain criteria, but it is important that any of these staff feeling anxious should contact the embassy in Kabul however they can. I also assure her that eligible locally employed staff can bring certain family members with them to the UK.

[Lord McConnell of Glenscorrodale (Lab)]

My Lords, I salute the efforts of our Armed Forces and of those development and humanitarian workers who have been injured or have lost their lives doing dangerous work in Afghanistan over these past 20 years. That work will become even more vital as NATO troops leave the country. How then can the Government justify the reduction in overseas development assistance? By how much will programmes in Afghanistan be cut and what analysis has been carried out to support the decision to reduce such programmes at this critical time?

[Baroness Goldie (Con)]

I thank the noble Lord for his welcome tribute to humanitarian relief workers, who have indeed made huge sacrifices. I am sure that the Chamber would absolutely endorse his remarks. As I indicated earlier, what is currently happening in Afghanistan is predicated on a wider NATO allies and partners collaboration to assess the situation and to look to the future. We are committed to continuing to work together in NATO to support Afghanistan during and beyond withdrawal. The noble Lord is correct that much of the UK’s support for sustaining the Afghan national security forces is provided as ODA. Ministers are currently finalising the allocation of ODA for 2021-22, so decisions on individual budget allocations have not yet been taken. I think that he will acknowledge that much excellent work has been achieved by the United Kingdom in concert with our other NATO partners.

[Lord Lancaster of Kimbolton (Con)]

Like many who served in Afghanistan, it is impossible not to have mixed feelings about this week’s news. However, it is nearly seven years since UK forces engaged in combat operations in Afghanistan. I feel that their departure is less of a question than the sustainability of the legacy of the institutions that we have tried to build there. On paper—I emphasise, on paper—the Afghan national army is 185,000 strong and funded almost entirely to date by the US. Is my noble friend confident that the structure, size and capability of the Afghan national army are sustainable in the long run?

[Baroness Goldie (Con)]

As I indicated earlier, this is the start of a new chapter. The focus now will be on the political process within Afghanistan. The responsibility to take all necessary decisions to support the journey towards peace will rest with the Afghan Government, including whatever decisions they feel they need to take in relation to their defence and security measures.

[Lord Craig of Radley (CB)]

My Lords, President Biden inherited a decision to reduce US forces in theatre. Either that process had to continue or force levels had to be increased with no end date in sight. Would sustaining increased force levels indefinitely in theatre have been a viable option for the UK, given our other overseas commitments and the decision to reduce the current combat strength of our Armed Forces?

[Baroness Goldie (Con)]

The United Kingdom was always clear that we went into Afghanistan alongside our NATO allies. We have adjusted together, and now we will leave together. This has not been a unilateral United Kingdom decision. As I said to my noble friend Lord Lancaster, alongside our NATO allies and partners, we shall consult closely on the way forward as the focus turns to Afghanistan itself, the Afghan Government and the political journey forwards.

[Baroness Helic (Con) [V]]

My Lords, I join my noble friends in paying tribute to our Armed Forces and remembering those who paid the ultimate price. My noble friend said that the Taliban have no appetite to be an international pariah, yet in the past year they have waged a campaign of targeted assassinations against journalists, judges, doctors and health workers and have targeted women in public life in particular. Do we not see that as the act of pariahs? Do these killings not warn against any idea that we can rely on the Taliban to keep its promises and not roll back human rights or maintain links with terrorist organisations?

--- Later in debate ---

[Baroness Goldie (Con)]

The Taliban, if it seeks to realise its political goals, has to play a political role in a more stable and secure Afghanistan. It must meaningfully engage in that process. It seeks international recognition, and the only way it can achieve that is through following through on its commitment to engage with peace. That is what we shall look to it to do and hold it to account on.

[The Deputy Speaker (Lord Duncan of Springbank) (Con)]

My Lords, the time allowed for this question has now passed. My apologies to the noble Lords, Lord West and Lord Loomba. We will take a moment to allow the pieces on the board to be reshuffled.

Overseas Operations (Service Personnel and Veterans) Bill

Baroness Goldie Excerpts

3rd reading
Monday 19th April 2021 Lords Chamber

Moved by

[Baroness Goldie]

That the Bill do now pass.

[The Minister of State, Ministry of Defence (Baroness Goldie) (Con)]

My Lords, I beg to move that this Bill do now pass, and it is with pleasure that I make that Motion and propose to make a brief speech.

The Government stood on a manifesto commitment to

“introduce new legislation to tackle the vexatious legal claims that undermine our Armed Forces”,

and they have delivered on that promise. I have said consistently throughout the passage of the Bill that the principles are sound, the objectives are good and the Bill is necessary. The Government believe that the combination of measures in the Bill provides a better and clearer legal framework for dealing with allegations or claims arising from overseas military operations.

The Bill addresses the issue of unacceptable delays in bringing prosecutions and provides greater certainty to veterans for events which happened in the unique context of overseas operations many years ago. The provisions also require that civil claims arising from overseas operations are brought promptly so that the courts are able to assess them when memories are fresh and evidence is more readily available.

The measures recognise both the challenging and extraordinary—I use that word in its literal sense—circumstances of overseas operations and the adverse effects that they can have on our service personnel. These include being exposed to unexpected or continuous threats or being deployed alongside friends and colleagues who are killed or severely wounded in action.

The Bill delivers on a manifesto commitment to our Armed Forces and veterans. It is based on strong support for the proposals by clear majorities in the other place, and it is for these reasons that this House should support the Bill’s Third Reading.

I also thank those of your Lordships across the House who have participated in the various debates. I recognise particularly the contributions of the noble Lords, Lord Tunnicliffe and Lord Dannatt, the noble Baroness, Lady Smith of Newnham, and the noble and learned Lord, Lord Hope. While I may not have been able to acquiesce to all their requests, our meetings have been cordial and their contributions constructive.

The Government have listened very carefully to the views put forward throughout the Bill’s progress. However, they do not agree with amendments that undermine rather than strengthen the Bill, are simply not aligned with its aims or would render it incompatible with the United Kingdom’s international obligations.

None the less, I have noted and trenchantly relayed the very real concerns so eloquently and robustly expressed by your Lordships, not least by the noble Lord, Lord Robertson of Port Ellen, that by not excluding other serious offences, the Bill risks damaging not only the UK’s reputation for upholding international humanitarian and human rights law—including the United Nations convention against torture—but the reputation of our Armed Forces. I am sure that the other place has also heard those deep concerns loudly and clearly.

I also believe that we already offer the highest standards of care and support to our service personnel. I again reaffirm and reassure that the MoD has a long-standing policy that where a serviceperson or veteran faces allegations in relation to incidents arising from his or her duty, they receive full public funding for legal support, as well as welfare and pastoral support, for as long as necessary.

There have been a number of debates on investigations. In addition to requiring prosecutors to give consideration to the public interest in finality, where there has been a relevant previous investigation and no compelling new evidence has become available, we believe that the longstop measures in Part 2 of the Bill will help to reduce the likelihood of investigations being opened many years after operations have ended. Indeed, in the future, the longstops will act as a catalyst for encouraging any civil claims to be brought sooner, and any associated criminal allegations are also therefore likely to be investigated sooner. This reduces the risk of criminal investigations arising many decades later as a result of allegations made in civil claims.

I also remind the House that the review by Sir Richard Henriques into the reporting of allegations and the conduct of investigations on overseas operations is currently in progress. As I have said previously, this work will complement the measures in the Bill, and we should await his recommendations as to whether and what measures may be needed to improve our investigative processes and procedures.

The Bill will shortly move back to the other place for consideration of the amendments proposed by this House. Many of the debates we have had in Committee and on Report have, at times, been emotive. I am sure, however, that all have been born out of our conjoined desire to do the very best we can to support our brave current and former Armed Forces personnel both during and after their operational duties overseas.

In conclusion, I acknowledge and thank profoundly the Bill team led by Damian Parmenter and Jennifer Chamberlain and supported by the Bill manager, Richard Hartell. Their experience, expertise, resilience and patience with an at times crotchety Minister have been invaluable and exemplary. In these comments I embrace—metaphorically, that is—my colleagues: the Advocate-General, my noble and learned friend Lord Stewart, and the Government Whip, my noble friend Lord Younger. I thank them for their steadfast support. I commend the Bill to the House.

[Lord Tunnicliffe (Lab) [V]]

My Lords, the Bill goes back to the other place with important changes. Throughout the Bill’s passage, we have wanted to work with the Government and colleagues across the House to improve it. I thank everybody who has engaged with us, including the Minister—the noble Baroness, Lady Goldie—and the Bill team. This positive arrangement resulted in the removal of the derogation clause, which is welcome.

We do not want to wreck the Bill; we do not want to kill the Bill. The Government have identified a real problem: personnel can be plagued by vexatious claims and shoddy investigations. But the Government are approaching the problem from the wrong direction by failing to tackle the issue head-on, damaging our international reputation and threatening the Armed Forces covenant.

The amendments which have been successful in this House put personnel first by recognising the MoD’s responsibility to support troops facing investigation and litigation by placing adequate restrictions on reinvestigations and by ensuring that the Armed Forces covenant is not breached by the longstop. They put forces personnel first because they have been led by noble and gallant leaders in this House. I especially thank the noble Lords, Lord Dannatt and Lord West, and the noble and gallant Lords, Lord Stirrup and Lord Boyce, for their leadership and guidance on these important issues. I also thank former Defence Secretaries and Ministers for their contributions.

The other key amendment extended exclusions from the presumption to cover genocide, torture, war crimes and crimes against humanity. I want to thank my noble friend Lord Robertson for leading this broad coalition.

I also want to thank the Public Bill Office for all its advice and help, the House staff, my two leaders—my noble friends Lord Touhig and Lord Falconer—and my adviser and researcher, Dan Harris, without whom I could not have survived.

--- Later in debate ---

[Baroness Goldie (Con)]

My Lords, I thank the noble Lord, Lord Tunnicliffe, the noble Baroness, Lady Smith, and the noble Lord, Lord Dannatt, for their comments. I know that they continue to give me a message, and I continue to listen to the message.

Bill passed and returned to the Commons with amendments.

Overseas Operations (Service Personnel and Veterans) Bill

Baroness Goldie Excerpts

Report stage
Tuesday 13th April 2021 Lords Chamber

[Baroness Smith of Newnham (LD)]

My Lords, I support both amendments, but in particular Amendment 6 in the name of my noble friend Lord Thomas of Gresford. Both seek to focus on prosecution, but also deal with the issue that the Government stated at the outset that they wanted to deal with; that is, as my noble friend Lord Thomas of Gresford pointed out, vexatious claims. The way the Bill is presently drafted does little to deal with repeated investigations. These amendments, in particular Amendment 6, are intended to deal with precisely the problem that the Government say that they wish to deal with. I would be grateful if the Minister could explain to us how she feels that the Bill, as drafted, is going to do what the Government claim that they want to do, because nothing in the Bill is going to stop vexatious investigations.

These amendments are not intended to undermine the Bill. In moving Amendment 1, the noble Lord, Lord Tunnicliffe, said that the Government would perhaps think that it would rip the heart out of the Bill. Neither is intended to do that; they are intended to be helpful and ensure that vexatious and unnecessary prosecutions cease and that prosecutions are dealt with expeditiously, where appropriate. Unlike the noble and learned Lord, Lord Mackay of Clashfern, these Benches do not think that prosecutors will find it too difficult to do the job outlined for them in Amendment 1. I support the amendments, and we will call a vote on Amendment 6, as my noble friend Lord Thomas of Gresford pointed out earlier.

[The Minister of State, Ministry of Defence (Baroness Goldie) (Con)]

My Lords, first, I thank your Lordships for your contributions. As has been indicated, Amendment 1 seeks to replace the presumption against prosecution with a requirement that the prosecutor, when deciding whether or not to prosecute a case, should consider only whether the passage of time has materially prejudiced the prospective defendant’s chance of a fair trial.

I say as a general comment that my noble and learned friend Lord Mackay of Clashfern and the noble Baroness, Lady Chakrabarti, dwelled at length on the important matter of support for our Armed Forces, as covered by the Written Ministerial Statement tabled today. The noble Baroness raised specific issues which, with her indulgence, I propose to deal with when we debate Amendment 14 in the name of the noble Lord, Lord Dannatt.

I will explain why the Government are resisting Amendment 1. In doing so, I will cover much of what I said on this in Committee. First, we are not suggesting that service personnel or veterans have been subject to unfair trials. Our concerns have always been about the difficulties and adverse impacts on our personnel from pursuing allegations of historical criminal offences. Your Lordships are familiar with the character of such difficulties and adverse impacts—repeated inquiries and uncertainty hanging over the heads of our personnel for years as to whether any prosecution is to be brought.

Secondly, we are reassured that a person’s right to a fair trial—the nub of this amendment—is already protected in law by, among other safeguards, the Human Rights Act 1998 and Article 6 of the European Convention on Human Rights.

Thirdly, the amendment would remove the high threshold of the presumption against prosecution. We have specifically introduced this measure to provide the additional and overdue protection that we believe our service personnel and veterans so rightly deserve, while ensuring that, in exceptional circumstances, individuals who have done wrong can still be prosecuted for alleged offences.

Fourthly and lastly, Part 1 of the Bill already addresses the potentially negative effects of the passage of time, by requiring a prosecutor to give particular weight to the public interest in finality in Clause 3(2)(b).

--- Later in debate ---

[Lord Tunnicliffe (Lab) [V]]

My Lords, important issues have been raised on this group and I thank colleagues for tabling these amendments. The Good Friday agreement is central to the ongoing peace process in Northern Ireland; we all have a vital role to play in safeguarding that agreement and building on its promise, and we must ensure that this Bill, or any other, protects it.

The Bill raises important concerns over access to justice and it should be improved for the entire United Kingdom. The Government have also promised legislation to address the legacy of the past in Northern Ireland. Ministers need to get this delicate legislation right: it must be in the spirit of the Stormont House agreement; we need victims to be at the heart of legacy proposals; and the Bill must maintain a broad-based consensus on proposals, as outlined in New Decade, New Approach, which restarted power-sharing. I look forward to hearing from the Minister actual details about this, rather than the usual “when parliamentary time allows” line.

[Baroness Goldie (Con)]

My Lords, once again I thank your Lordships for contributions to an important issue which is, for obvious reasons, very much to the forefront of our minds at the moment.

Amendment 18 in the name of the noble Baroness, Lady Hoey, seeks to create a new condition that must be satisfied before the provisions in the Bill can be commenced. That condition is for the Government to publish a report on the progress made in relation to legislation addressing the legacy of the Troubles. I thank the noble Baroness for her eloquent address, to which I know we all listened with both respect and interest, but I think she will understand that the Government cannot accept an amendment, no matter how well intentioned, that puts conditions on the timing of the implementation of provisions that seek to provide certainty and reassurance to our service personnel and veterans who have served on overseas operations, which is a different issue from the position of Northern Ireland.

I understand the concerns that sit behind this amendment, so I reassure noble Lords that the Government remain committed to making progress on legacy issues and we will not allow our brave service personnel who served in Northern Ireland to be forgotten. In order to make further progress, the Northern Ireland Office must continue to engage with the Irish Government, the Northern Ireland parties, and civic society, including victims’ groups. The Secretary of State for Northern Ireland and the UK Government recognise the importance of working with all parts of the community as part of this process.

I hope noble Lords will recognise that, sadly, the pandemic has had an impact in causing a loss of momentum, but I reassure your Lordships—in particular with regard to what the noble Lord, Lord Tunnicliffe, said just a few minutes ago—that this Government will bring forward legislation to address the legacy of the Troubles that focuses on reconciliation, delivers for victims, and ends the cycle of investigations. The Government—in particular, the Northern Ireland Office —are committed to making progress on this important issue as quickly as possible. In these circumstances, I hope that the noble Baroness, Lady Hoey, will be minded to not move her amendment.

The other amendments in this group, in the name of the noble Baroness, Lady Ritchie of Downpatrick, seek either to remove references to Northern Ireland in parts of the Bill or to stop certain provisions extending to Northern Ireland. The Bill extends to England and Wales, Scotland and Northern Ireland for a reason. Defence is a United Kingdom competence and our Armed Forces personnel are drawn from all parts of the United Kingdom, in whose name they serve. That is why the effects of the provisions in the Bill are substantively the same throughout the entire United Kingdom. It is right and desirable that the objectives of the Bill should apply throughout the United Kingdom; my noble and learned friend Lord Mackay of Clashfern made that point well.

However, as different pieces of legislation in the different nations of the UK are impacted by the Bill, to ensure technical compliance and drafting accuracy the necessary amendments have been effected in respect of the relevant law in England and Wales, in Scotland and in Northern Ireland. I say gently to the noble Baroness, Lady Chakrabarti, that the Bill is not a de facto immunity, and I think many people are coming to accept that as being an extravagant interpretation of the Bill.

Clause 10 and Schedule 4, which this group of amendments seeks to remove in their entirety, amend only the Limitation (Northern Ireland) Order 1989. These provisions introduce new factors that the Northern Ireland courts must consider when deciding whether to allow certain claims relating to overseas military operations to be brought after the primary time limit expires and set the maximum time limit for such claims at six years. It is necessary to extend similar provisions across the whole of the UK to ensure consistency. Your Lordships would acknowledge, I think, that it would be deeply unsatisfactory if the changes that the Government are introducing in relation to claims brought in England and Wales and Scotland could be circumvented by a claimant bringing their claim in Northern Ireland instead.

I am absolutely sure that the intent of these amendments is not to create legal loopholes. No one could listen to the noble Baroness, Lady Ritchie, without understanding her commitment and sincerity about the concerns that she has articulated. The stated reason for these amendments is a concern that the Bill will undermine a specific provision in the Belfast agreement stipulating that the United Kingdom Government would complete the incorporation into Northern Ireland law of the European Convention on Human Rights, with direct access to the courts and remedies for breach of the convention rights. The noble Baroness, Lady Suttie, sought reassurance on this point.

As I said when this issue was debated in Committee, the commitment to incorporate the ECHR into Northern Ireland law has already been met by enacting the Human Rights Act 1998, which provides for direct access to the domestic courts to vindicate convention rights, and the Northern Ireland Act 1998, which provides that the Northern Ireland Assembly may legislate only in a way compatible with the convention rights, and that Northern Ireland Ministers must also act compatibly with these rights. As currently drafted, the Government consider the Bill compatible with the convention rights. Your Lordships will acknowledge that review of the Human Rights Act is not the responsibility of the MoD.

Statutory limitation periods, which seem to be what these amendments are mainly concerned with, are generally considered legitimate restrictions on the right of access to a court. That right of access is not absolute, and the European Court of Human Rights has upheld the compatibility of limitation periods, even if these periods are in themselves absolute, including the absolute six-year limitation period for claims resulting from intentional torts in England and Wales. That was the finding in Stubbings and Others v the United Kingdom. Limitation periods do not impair the essence of the right of access to a court. Such periods ensure legal certainty and finality, avoid stale claims and prevent injustice where adjudicating on events in the distant past involves unreliable and incomplete evidence because of the passage of time. As such, nothing in the Bill would diminish the essence of the protections that the Human Rights Act currently offers the people of Northern Ireland. I reassure noble Lords that the measures in the Bill do not undermine the United Kingdom’s commitment to human rights and to the European Convention on Human Rights.

For the reassurance of the noble Baroness, Lady Ritchie, I repeat that this Government remain fully committed to the Belfast agreement, the constitutional principles it upholds, the institutions it established and the rights it protects. This agreement has been the foundation for the welcome political progress, peace and stability in Northern Ireland over the last 22 years and will be protected going forward.

The noble Baronesses, Lady Ritchie and Lady Suttie, have asked whether I am agreeable to meeting them. I am very happy to agree to meet them if I can help them, but it may be—and I would ask them to reflect on this—that they would find engaging with the review of the Human Rights Act, and perhaps meeting with the Northern Ireland Office, more relevant to their specific concerns. If they still wish to meet me, however, I would, of course, be happy to do that. With the explanation offered by these remarks, I urge the noble Baroness to withdraw her amendment.

--- Later in debate ---

[Lord Tunnicliffe (Lab) [V]]

My Lords, there is almost universal support in this House for ensuring that torture, genocide, war crimes and crimes against humanity are excluded from the presumption. It is clear what the ICC thinks: if we do not do so, as has been quoted many times, the UK would

“forfeit what it has described as its leading role, by conditioning its duty to investigate and prosecute serious violations of international humanitarian law, crimes against humanity and genocide.”

That is why there is such strong support for Amendment 3 and, importantly, for its approach to protect these offences so that they cannot be removed by statutory instrument at a later date. I hope that the Minister has listened closely to the powerful debate and the broad coalition that spans military figures and human rights experts, and will promise that government amendments will come forward at Third Reading. Otherwise, we support my noble friend Lord Robertson in his important amendment and urge him to divide the House.

[Baroness Goldie (Con)]

My Lords, first, I thank the noble Lord, Lord Robertson, and all other noble Lords for their thoughtful contributions. We heard some exceedingly powerful speeches on these issues in Committee, and they were echoed today. I recognise the understandable concern and emotion that accompany the arguments that have been adduced. This is an extremely important matter, perhaps the most passionately debated part of the whole Bill, and I do not underestimate the scale of my task to address the arguments advanced by the noble Lord, Lord Robertson, and his supporters, but it is my job to try. The noble and gallant Lord, Lord Stirrup, made a telling point about perception, and it is my job to try to address that issue as well.

I reassure the House that the Government have given considerable and careful consideration to the offences that are excluded from the measures in Part 1. The intent of the Bill, as drafted, ensures that the Part 1 measures will apply to as wide a range of offences as possible, in order to provide that necessary reassurance to our service personnel that the operational context will be taken into account, in so far as it reduces a person’s culpability, in the circumstances of allegations of criminal offences on historical overseas operations. The broad objective of the Bill is to support our Armed Forces personnel, and I accept that that has been recognised across the Chamber. The divergence of opinion is on how we can deliver that reassurance.

In considering the provisions of the Bill, the Government gave careful thought to the physical environment of an overseas operation. As noble Lords who have served on such operations will know, the range of activity is diverse and the threat of danger ever present. It is a lethal environment in which our Armed Forces are called upon to deal with unimaginably challenging situations, and it is predictable that, arising from such activity, allegations of wrongdoing may be made. The one type of activity which can never have any place in such an operation is the commission of a sexual offence, so I say to the noble Baroness, Lady Smith, that is why sexual offences are excluded from the Bill. She referred to that as a presumption: it is not a presumption—it is an explicit exclusion.

Some have argued that such an exclusion means that the Government are relegating other crimes to a lower classification of gravity. We are not. We are acknowledging that in an overseas conflict, because of the inherent nature of such activity, there is a predictability about allegations being made that crimes have been committed. The Government are neither defining nor categorising what these crimes may be, we are merely creating a clearer framework and structure as to how such allegations are to be handled. It goes without saying that of course we shall take other offences, such as war crimes and torture, extremely seriously. I repeat that the Government’s decision to exclude sexual offences only, as I set out in detail in Committee, does not mean that we will not continue to view with the utmost gravity other offences such as war crimes and torture.

Nor will the Bill somehow provide an excuse for poor behaviour or enable impunity for very serious crimes allegedly committed by our Armed Forces personnel. I am very grateful to the noble and gallant Lord, Lord Stirrup, for his comments in that respect and I am pleased that many noble Lords recognise that the presumption against prosecution does not amount to either an amnesty or a statute of limitations, nor the creation of a de facto immunity. I say to the noble Lord, Lord Hannay, that a bar on prosecution in gremio of the Bill would be an amnesty—it would be a statute of limitations and a de facto immunity— but there is no such provision in the Bill. I remind noble Lords that the severity of an alleged offence will continue to be an extremely important factor for a prosecutor in determining whether to prosecute. We should remember that the presumption is, of course, rebuttable.

A number of noble Lords, including the noble Baronesses, Lady Chakrabarti and Lady Kennedy, referred to the five-year period. I just observe that the period was informed by the response to the consultation carried out on the Bill. Interestingly, the period of five years was visited at an earlier stage, in Committee, and has not been revisited.

I have listened to the very real concerns expressed by many in this House, including references to many third parties holding similar views, that the Bill undermines the United Kingdom’s continuing commitment to, and damages our reputation for, upholding international humanitarian and human rights law, including the United Nations Convention against Torture. I say to the noble Lord, Lord Dubs, that I seek to assuage these concerns and to reassure once more on this point: the United Kingdom does not participate in, solicit, encourage or condone the use of torture for any purpose, and we remain committed to maintaining our leading role in the promotion and protection of human rights, democracy and the rule of law. Our Armed Forces will continue to operate under international law, including, of course, the Geneva conventions, and we will continue to expect that others will do the same.

I would like to explain further why the Government’s view is that Amendment 3 should be resisted. First and foremost, we are concerned that it would undermine the reassurance that we are seeking to give to our service personnel and veterans by excluding a considerable list of offences from the application of the measures in Part 1. The Bill does not prevent such offences being investigated nor prosecuted. Indeed, in relation to prosecution, the gravity of the crime will be a cogent factor. It is perhaps also worth adding that, in the interests of clarity and to preserve the structure of the Bill as currently drafted, we believe that all the excluded offences should be listed in the same place in the Bill, and that the appropriate place is Schedule 1, instead of being spread across the Bill, as the noble Lord’s amendment would provide.

I have endeavoured to present the Government’s position and, in these circumstances, I ask the noble Lord, Lord Robertson, to consider withdrawing his amendment.

[Lord Robertson of Port Ellen (Lab) [V]]

My Lords, I do not have to repeat the respect that the House has for the Minister, but she does not speak with any great enthusiasm. That is not surprising because her case is so weak that enthusiasm and passion certainly cannot be part of her argument. I do not want to take up a lot of the time of the House at this stage, but let me quote what General Sir Graeme Lamb, the former director of Special Forces in the British Army, said in the weighty Policy Exchange document that was critical of this Bill. He said

“good intentions are not enough as the Bill as it stands may fail to protect our troops adequately … it does nothing to address the problem of repeat investigations.”

Then there was Bruce Houlder, the former Director of Service Prosecutions whom I quoted in my original speech, who told the Financial Times that the five-year limit would be an “international embarrassment”. I did not quote what he added, which was that

“the idea that we then treat torture and other grave crimes including homicide as excusable, and legislate in effect to make it difficult in the extreme to prosecute after five years, is really outrageous.”

The Minister has not quoted anybody in support of her contention that what the Government are saying is reasonable. I and other noble Lords and noble and gallant Lords have quoted endless examples of those who say that what is happening here today in this Bill is outrageous. Even today’s Daily Mail editorial condemns the Government for apparently legitimising torture in the way that the Bill does.

In light of the fact that the Minister has given no defence whatever, I insist that we test of the will of the House on this amendment.

--- Later in debate ---

[Baroness Goldie (Con)]

My Lords, I am grateful for the opportunity to make a contribution which I hope may assist the progress of the debate on this amendment. I am very conscious that I have been unable to radiate much cheer this afternoon, so I will try to do better. As the noble and learned Lord has stated, Article 15 of the European Convention on Human Rights provides that, subject to certain conditions, states may derogate from—that is, temporarily suspend—relevant human rights obligations. Clause 12 would require any Government in future to consider whether to make a derogation under Article 15 in relation to significant overseas operations.

I am very grateful to the noble and learned Lord, Lord Hope, for his analytical clarity in addressing the issue surrounding Clause 12. He has been persistent in his focus on this issue and I thank him for that close attention. He is correct that the ability under Article 15 to derogate in appropriate circumstances would remain and would not be affected by the removal of Clause 12 from the Bill. It is also the case that the removal of Clause 12 would not prevent the Government from making a conscious decision when committing the Armed Forces to significant overseas operations as to whether it is necessary to avail themselves of the suspension mechanism created by Article 15 of the ECHR. It is important to recall that, if the UK did decide to so derogate in relation to a specific future overseas military operation, it would not prevent Armed Forces personnel or the MoD from being held to account.

Having listened closely to the issues raised about the way in which the Government have presented this clause—as I promised the noble and learned Lord in Committee I would do—and, although the Government consider that there was a place for originally including the clause in the Bill, I have detected that the House is sympathetic to the representations of the noble and learned Lord, and that there is a general consensus across the House for the removal of this clause. I am therefore pleased to confirm that the Government will accept the noble and learned Lord’s amendment to remove Clause 12 from the Bill.

[Lord Thomas of Gresford (LD) [V]]

My Lords, I am relieved to hear the Minister’s statement concerning Clause12 and its removal. The noble and learned Lord, Lord Hope, asked who the message was to be sent to. The proposal to give notice to a potential enemy that British forces would not be bound by the restraints of the European Convention on Human Rights was truly alarming. It would have exposed our troops in the field to reciprocal treatment.

I followed the noble and learned Lord, Lord Hope, in Committee in pointing out the utter uselessness of this clause anyway, in that it could not deal with those most pertinent and significant rights in the covenant from which no derogation is possible. It did not even try to mirror the circumstances of war or national emergency contained in Article 15, which permit derogation only in very strict circumstances. I do not propose to repeat that analysis.

The Government have thought again on the desirability of this clause. I urge them to think again on the desirability of the whole Bill. I urge them to pull the whole Bill and bring it back in the next Session after proper consultation. I do not say this from any party-political position but wearing the hat of the chair of the Association of Military Court Advocates. I cannot say that I am speaking for that association because no meetings have been possible during the pandemic, but you will appreciate that its members’ primary concern is with defending the ordinary service man or woman in courts martial, many of which relate to overseas operations.

For the reasons which I gave in relation to Amendments 1 and 6 and will not repeat at this stage, this Bill does not protect our service men and women. The only body protected by the Bill is the Ministry of Defence, probably for the ignoble reason given in Committee by the noble Lord, Lord Hendy: to save a bob or two. It is badly thought out, with many omissions and with repercussions that were not understood, not least in its failure to carry out the manifesto commitment of the Government to give statutory force to the military covenant—a matter which we shall shortly discuss. So, they should pull it now, and by all means bring it back in the next Session in a form which will be of use to and protect serving seamen, soldiers and airmen, without the ill thought-out provisions which expose them to danger. I say to the Government: pull the Bill.

--- Later in debate ---

[Lord Tunnicliffe (Lab) [V]]

My Lords, I have nothing to add but to congratulate to the noble and learned Lord, Lord Hope, on his tenacious pursuit of this point and to thank the Minister for this moment of warmth and light.

[Baroness Goldie (Con)]

To all noble Lords who have contributed, I am pleased that this gesture has been received positively. I have listened carefully to the other observations, and these will be relayed to my colleagues in the MoD.

[Lord Hope of Craighead (CB) [V]]

My Lords, I am grateful to all noble Lords who have contributed to this short debate, and especially to the Minister for her kind words and generous concession, which has solved my problem.

I would like to take a moment to refer to the remarks made by the noble and gallant Lord, Lord Craig of Radley, who has kindly supported me all the way through my attempt to deal with Clause 12. He has raised again a concern among certain people, which I entirely recognise, that the ability to bring claims under the Human Rights Act risks undermining operations on the ground because decisions taken by the people engaged in them are exposed to the risk of being said to be in breach of the convention rights.

I delivered the leading judgment in the case of Smith v The Ministry of Defence, which the noble Lord, Lord Hendy, referred to earlier this afternoon. One of his clients was the mother of a solider who was, unfortunately, killed by friendly fire from a tank operating in the same battlefield. I spent considerable energy, in delivering my leading speech, to make it clear that the ratio that had driven me to reach the conclusions I did was concerned with actions by the MoD far removed by the battlefield. I made it clear that decisions made in the circumstances of combat by people usually under great stress and pressure was not what the Human Rights Act claim was about. It was about decisions taken, as the noble Lord, Lord Hendy, explained, long before the operations began which could legitimately be criticised as breaching the convention right.

The decision that I led has been misunderstood because of a dissenting judgment, which has received more weight than it should have since it was only a dissent. So, I would encourage those who still have a lingering doubt to look carefully at my judgment, which was a majority judgment. They will see that it contains the reassurance I think the noble and gallant Lord, Lord of Craig of Radley, is seeking.

That said, I come back to the Minister. I am well aware that a speech of the kind she has made this afternoon cannot be made without discussion behind the scenes. She listened carefully to what I said last time, and we owe her a great debt for taking up the points I made, understanding them and putting them across to others to achieve the result we have achieved this afternoon. We owe her a considerable debt and are fortunate to have her in the House as a Minister. I commend Amendment 11, the effect of which is that Clause 12 should not stand part of the Bill.

--- Later in debate ---

[Lord Tunnicliffe (Lab) [V]]

My Lords, we fully support Amendment 14.

By my count, the noble Lord, Lord Dannatt, and the noble and gallant Lords, Lord Boyce and Lord Stirrup, have about 120 years of service in the Armed Forces between them. They have all argued passionately for a duty of care standard to be in the Bill. As a former acting pilot officer, I have to say that I am very proud of the stance they have taken. It shows that the former leadership of the Armed Forces is capable of being both compassionate and wise. When colleagues of such experience speak, we should listen. I am unsure why the Government remain so resistant to this. We stand foursquare behind our troops and a duty of care would ensure that our Government did so too. We will support the amendment if it is pushed to a vote.

As Amendment 14 refers to legal support, I want to seek some clarity on legal aid. I thank the Minister for writing to me on this issue, but the position stated in the letter is a little different from the position of the Minister in the Commons. The letter says:

“We cannot categorically say that Service personnel will receive legal aid”


but Johnny Mercer said:

“There is … full legal support, paid for by the MOD, for everybody swept up in these investigations.”—[Official Report, Commons, Overseas Operations (Service Personnel and Veterans) Bill Committee, 22/10/20; col. 351.]


Can the Minister confirm that? The letter also says that cuts which were applied to the national legal aid system were also applied to the Armed Forces legal aid scheme as they mirror each other, but the Armed Forces Minister said that the Armed Forces system is “bespoke”. Can the Minister confirm how much money for legal aid has been cut in the last decade from the Armed Forces legal aid scheme? This confusion between Ministers demonstrates exactly why we need protection in the Bill.

Ministers say they have made progress, but ultimately Ministers move on. Let us put a duty of care in the Bill so that personnel have full confidence that Ministers are serious about helping them through difficult times. I look forward to the noble Lord, Lord Dannatt, seeking the decision of the House. We will undoubtedly fully support the amendment.

[Baroness Goldie (Con)]

My Lords, this has been an interesting debate and I am very grateful for all the contributions that have been made. Amendment 14 proposes that the Ministry of Defence should establish a statutory duty of care standard for current and former service personnel and, where appropriate, their families, and that the Secretary of State should be required to provide an annual update in the Armed Forces Covenant Annual Report.

This is obviously a matter of great importance which commands the interest of us all, and I am very grateful to the noble and gallant Lords, Lord Stirrup and Lord Boyce, and the noble Lords, Lord Dannatt and Lord Tunnicliffe, for their commitment to ensuring appropriate protection for our service personnel and veterans and for the conversations we had following the debate in Committee. In terms of the sentiments expressed by the noble Lord, Lord Dannatt, and the broad objectives which he and the noble and gallant Lords seek to achieve, I doubt if there is a cigarette paper between us—where we diverge is on the mechanism for delivery—so I can see why many are attracted to this amendment and feel the Bill could be enhanced by it.

I start by saying that we take our responsibilities to our service personnel and veterans extremely seriously. I have listened to the concerns raised in Committee and I have met further with the noble and gallant Lords. I thank them for their willingness to have these meetings, which have been constructive. I understood from the meetings that further reassurance was needed about the breadth and depth of support now available to those who are subject to investigations and prosecutions. As has already been referred to, a Written Ministerial Statement was published which set out as a matter of record the diversity and depth of the support that is and will continue to be available.

Although in Committee I provided an overview of the support that we give to our personnel and veterans, I am happy to summarise the key points from the Written Ministerial Statement for the benefit of the House. First—and importantly—as a matter of MoD policy, service personnel are entitled to legal support at public expense where they face criminal allegations and civil claims that relate to actions taken during their service and where they were performing their duties. I say to the noble Lord, Lord Tunnicliffe, who asked whether there was a discrepancy between the descriptions given of the availability of legal aid, that I am not sure what the nature of the difference is between what I had said and what my honourable friend the Minister for Defence People and Veterans said in the other place, but it may have been the simple distinction that there has to be a need to be performing duties. Obviously, a member of the Armed Forces could commit a crime while not engaged in their duties, and one would imagine that that would then become the responsibility of civil authorities if it took place in this country. If it took place overseas, other interventions might be necessary.

Legal advice and support are also available wherever people are required to give evidence at inquests and inquiries and in litigation, and this is co-ordinated by the MoD. This principle is at the heart of the MoD’s approach to supporting our people and is enshrined in the relevant defence instruction notices. I know that the noble and gallant Lord, Lord Stirrup, was slightly caustic about that, but these are the notices which make clear to our Armed Forces personnel what they can expect, in terms of support, from the MoD and their chain of command and what facilities are available to them. It is a responsibility that the MoD takes very seriously, and we keep our policies under review to ensure that they are appropriate and tailored to need.

At an earlier stage this afternoon, the noble Baroness, Lady Chakrabarti, raised a couple of issues about legal aid, and I will try to clarify what some of this provision is. Any individual who is investigated by the service police is entitled to legal representation as well as the support of an assisting officer, who can then offer advice on the process and procedure and signpost welfare support. Individuals who are interviewed as suspects under caution will be entitled to free and independent legal advice for this stage of investigation. Subsequently, legal funding for service personnel and veterans facing criminal allegations can be provided through the Armed Forces Legal Aid Scheme or through the chain of command for as long as is necessary.

As regards legal aid funding, the Armed Forces Criminal Legal Aid Authority will provide legal aid in circumstances where service personnel are not entitled to regular legal aid because of where they are employed or resident as part of their military duties. Where service personnel’s employment or residence has not disadvantaged them, they can apply for regular legal aid as well, as would a civilian, and are therefore not placed at a disadvantage. Personnel are entitled to apply for legal aid regardless of whether they are considered to have acted outside the scope of their duties, but the MoD can still decide to pay for legal representation in respect of an allegation arising from an act committed in the course of the service personnel’s duties. There is extensive provision. I know that the noble Lord, Lord Tunnicliffe, was interested in this issue, and I can undertake to provide both the noble Lord and the noble Baroness, Lady Chakrabarti, with more detailed information if that would be helpful to them.

--- Later in debate ---

Moved by

[Baroness Goldie]

20: Schedule 1, page 12, line 7, leave out “this Part of this Schedule” and insert “paragraphs 2 to 13”
Member’s explanatory statement
This amendment clarifies the scope of paragraph 14.

[Baroness Goldie (Con)]

My Lords, we come to what some might argue is the least thrilling and interesting part of Report stage, but I hope I can conclude our proceedings on Report with something slightly positive and welcome.

These amendments are minor and technical. They are being brought forward to improve the drafting of the Bill. Amendment 20 corrects the scope of paragraph 14 of Schedule 1 so that it refers only to the offences listed in paragraphs 2 to 13 of Schedule 1 and not to Section 42 of the Armed Forces Act 2006. This is not required because Section 42 does not create any new offences in addition to those listed.

Amendments 23 and 25 correct errors in the Bill and omit paragraphs 23 and 30 of Schedule 1 because neither is necessary. Paragraph 23 is unnecessary because Section 65 of the International Criminal Court Act 2001—referred to in paragraph 23—does not establish an offence separate from those already mentioned in paragraphs 17 to 22 of Schedule 1 to the Bill. Similarly, paragraph 30 is unnecessary because Section 5 of the International Criminal Court (Scotland) Act 2001—referred to in paragraph 30—does not establish an offence separate from those already mentioned in paragraphs 27 to 29 of Schedule 1 to the Bill. I beg to move.

[Baroness Smith of Newnham (LD)]

My Lords, this might be the shortest intervention of the evening. I am grateful to the noble Baroness for saying that there are errors in the Bill and removing the relevant paragraphs. I do not think anybody will be too sad to lose certain paragraphs from this Bill. There may be clauses that we would have preferred to lose, but I do not think that there will be any objections from these Benches.

--- Later in debate ---

[Lord Tunnicliffe (Lab) [V]]

I am willing to accept the assurance from the Minister that these are technical amendments, and I have no further comments.

[Baroness Goldie (Con)]

It would seem trite to say that I thank your Lordships for this long and interesting debate but, none the less, with great sincerity, I thank the noble Baroness, Lady Smith, and the noble Lord, Lord Tunnicliffe, for their contributions.

Amendment 20 agreed.

--- Later in debate ---

Moved by

[Baroness Goldie]

23: Schedule 1, page 13, line 28, leave out paragraph 23
Member’s explanatory statement
This amendment corrects an error in the Bill. The provision omitted by this amendment is unnecessary because section 65 of the International Criminal Court Act 2001 does not establish an offence separate from those already mentioned in paragraphs 17 to 22 of Schedule 1 to the Bill.

--- Later in debate ---

Moved by

[Baroness Goldie]

25: Schedule 1, page 14, line 24, leave out paragraph 30
Member’s explanatory statement
This amendment corrects an error in the Bill. The provision omitted by this amendment is unnecessary because section 5 of the International Criminal Court (Scotland) Act 2001 does not establish an offence separate from those already mentioned in paragraphs 27 to 29 of Schedule 1.

Defence and Security Industrial Strategy

Baroness Goldie Excerpts

Wednesday 24th March 2021 Lords Chamber

[Baroness Smith of Newnham (LD) [V]]

My Lords, another day, another defence Statement repeat, and an opportunity for us to probe the Government’s thinking about wider issues of the integrated review in terms of security, defence and, on this occasion, the defence industrial base.

Like the Labour Front Bench, we broadly welcome this paper. However, I would be a bit more cautious than the noble Lord, Lord Tunnicliffe, and I have a few more questions that might sound a little more concerned about the Government’s thinking in terms of the future. As the foreword to the report states

“our forces require equipment which is state of the art. Just as we are refreshing what we require of our Armed Forces, we are reviewing the equipment they will need to face tomorrow’s threats and setting out a path for innovation for the future.”

That is absolutely right. However, should we be thinking about tomorrow or more about the day after tomorrow? I ask that in particular because yesterday’s Statement in the Commons reaffirmed the Government’s commitment to spending another £85 billion over the next four years on equipment and support for our Armed Forces. That spending is clearly very welcome, but it essentially takes us to the end of this Parliament. What is the longer-term thinking? Research and development is clearly important, but there is a danger that the Government are still thinking in parliamentary cycles and not necessarily about the wider defence procurement situation, which is very different and runs into decades, not merely two or three years. What thinking is going into longer-term planning? The Statement that has been repeated today gives some important insights, but it gives us tomorrow, not the day after tomorrow.

Unlike the noble Lord, Lord Tunnicliffe, I have a slight concern that the new approach signals a shift away from global competition by default. It is right that the UK is resilient, that it has a secure industrial base, that we are able to engage in research and development and that we should be able to have first-class building of ships and other equipment, as stated, right across the United Kingdom. The defence industrial base is clearly very important.

The Statement talks about exports. If the UK is saying that it is no longer going for global competition by default, what work are Her Majesty’s Government doing to persuade our partners and allies, and others who might consider purchasing from the UK, that they should not also pursue a domestically focused agenda? While it is clearly important that we develop things domestically, that export market is flagged up, so there are some questions that may need further exploration.

I ask the Minister to give us a bit more information about the proposals on procurement. Over the past decades—this is not a problem of any individual Government; it is systematic—there have been issues about major capital projects being prone to overspend and overrun, with knock-on effects on the defence budget. How will the changes to procurement affect this? Will we not have so many bespoke projects? How does that fit with the discussions that the Government are having with our defence industry? Can the Minister reassure us that the proposals put forward in the Statement and the strategy document are led by defence needs, not defence industry priorities?

[The Minister of State, Ministry of Defence (Baroness Goldie) (Con)]

My Lords, I thank the noble Lord, Lord Tunnicliffe, and the noble Baroness, Lady Smith, for their comments. I think I feel a bit like the musical song, “Getting to Know You”. I never seem to be quite away from this Dispatch Box on defence matters, but that is a privilege. I thank the noble Lord and the noble Baroness for their generally positive response to the strategy. I understand that the noble Baroness had some reservations and I shall try to assuage her concerns.

Frankly, I think this new defence, security and industrial strategy marks a watershed for the MoD. It is a substantial document. It is the first time in a long time that we have had true analytical discernment of what the challenges are. We need to understand not only what the threats are but how we are going to respond to them and then recognise that we actually need to be able to respond to them when they arise rather than thinking about the response and hoping to find the technology or the equipment some way down the line. The strategy completely turns on its head the whole pace and depth of the co-operation and collaboration with industry in a very positive manner.

The noble Lord raised the issue of jobs. As he is aware, the defence and security industry in this country is one of the major job providers. We think that over 200,000 jobs across the UK are sustained by these industries, which are globally recognised and renowned. The whole essence of the strategy is not only to secure the defence equipment support and technology that we need when we need it but also to ensure that there is an input to the economy and there is an export potential, so I think his reservation about the job situation is perhaps unfounded. We can look to the strategy to make a singular improvement in how we relate defence investment activity to a broader benefit to the economy and to our exports.

The noble Lord narrated a number of aspirations. I largely agree with them and I suggest that those are in essence met by the paper. He wanted to know how individual parts of the intelligence would join up, and he was interested in some of the specifics about acquisition and procurement.

In the section devoted to that, there are some very reassuring statements, including the proposed reform of the defence and security public contracts regulations, reforming the single-source contracts regulations, and publishing afresh the MoD SME Action Plan; I reassure him that is to be published later this year. In that connection, I mention the successful and effective investments of DASA, the defence and security accelerator, which has done pivotal work since it was introduced. It is an essential support, not least to SMEs and start-ups. That is conducive to a more diverse and innovative market.

The noble Lord particularly mentioned the artificial intelligence strategy. That will be in conjunction with the new defence artificial intelligence centre, which is hoping to accelerate the adoption of this transformative technology across the full spectrum of our capabilities and activities.

The noble Lord also raised the very important matter of measuring delivery against the laudable intentions and objectives of the strategy document. I say to him that, yes, this is recognised and that, because a lot of this is not just MoD but across government, Ministers across government, led by the Secretary of State for Defence, will regularly review progress against the strategy.

The noble Baroness, Lady Smith, was perhaps a little less warm in her reception of the document, although I detected that she is broadly in approval. She asked the pertinent question: is this about today or the day after tomorrow? I suggest that it is about both because, given how the strategy is structured, it recognises and continues much of the good work that has emerged in recent years. It is knitting that together, as I said, based on analysis of the threats we face and how we must respond. There are certain strategic imperatives and areas of independence of operation where we will want that to happen from providers in the UK. I say to her very strongly that this is a strong signpost of the direction of travel for both the MoD and our industry partners.

The noble Baroness asked a pertinent question, which was well justified, about the international community because, as the noble Lord, Lord Tunnicliffe, identified, we have departed from the former premise of “global by default”. She is quite right because, although there will be a premise on which we operate for our strategic imperatives and areas where independence of operation is absolutely critical—it will fall to our UK providers to assist with that—we also recognise of course the importance of the international community.

Our global alliances and partnerships are of strategic importance and, as a leading advocate for the development of innovative, adaptive capabilities, the UK will invest in emerging technologies, using the strength of the UK’s world-class industrial and technological base. We will be open to working with allies and partners through international programmes, and these existing initiatives will continue. There is clearly an opportunity to work closely with our partners and other industry providers abroad. The noble Baroness will be aware that the UK will work internationally to develop key military capabilities, such as developing our future combat air system.

So I reassure the noble Baroness that, although we understand that this Statement gives a clear direction of travel to encourage and support our United Kingdom-based defence and security industry partners, it is not to the exclusion of international provision, where we consider that that does not compromise our security but offers an attractive proposition.

The noble Baroness spoke about overrunning budgets in the past. That is a very legitimate reservation to mention. There have been procurement issues in the past and these have not been proud moments for the MoD. But the way in which the strategy is constructed and conceived, which is about engaging with industry from the earliest moment, identifying what we need, discussing with industry how that might be provided and then being sure that there is a constant monitoring process of how that develops as orders are placed, means that many issues that used to obstruct the smooth progress of our procurement contracts are now being ironed out. In some cases, they are actually being eradicated, because of the much more innovative and intelligent approach to how we liaise with our industry and security partners.

I have tried to answer the principal points the noble Lord and the noble Baroness raised. I hope I have addressed them adequately.

[The Deputy Speaker (Lord Duncan of Springbank) (Con)]

My Lords, we now come to the 20 minutes allocated for Back-Bench questions. As ever, pith is the order of the day.

[Lord Arbuthnot of Edrom (Con) [V]]

My Lords, I draw attention to my interests as set out in the register. This was a good review, which concentrated on many key points, including resilience. But is there not a risk that reducing the Regular Army reduces the connection between the Armed Forces and the public they serve, and hence reduces support for the Armed Forces and that very resilience we need to build up?

[Baroness Goldie (Con)]

My noble friend asks a very perceptive question. We are satisfied that, despite a reduction to 72,500, we still have a very significant cohort of professional military. We are satisfied that we can discharge all the obligations falling upon us, whether in conflict, peacekeeping, or MACA requests for domestic resilience at home.

We have seen, through the response by the Armed Forces to the Covid pandemic, what tremendous respect and affection the public have for our Armed Forces, and I hope that that will endure. There may be other occasions where we deploy our Armed Forces on MACA tasks or other civil support tasks at home, and that will reinforce not only the professionalism they possess but the affection with which the public rightly regard them

[Lord Houghton of Richmond (CB) [V]]

I draw attention to my interests in the register. As our Armed Forces move from a platform-centric approach to capability to one focused on technological advantage, it is ever more important to connect the operational requirement to the best available technology quickly. In the world of romance, we would be advocating the need for a speed dating agency.

Previously, the romance has failed because the potential match is broken between the cautious process of defence procurement and the monopolistic position of defence industry primes. The relationship has in fact been an obstacle to the rapid achievement of technological advantage. So I ask the Minister: which part of the new defence industrial strategy establishes the dating agency? Who is in charge of it and how does the wider world of technical opportunity sign up to it?

[Baroness Goldie (Con)]

I say to the noble and gallant Lord that I love the analogy; it is very apposite. He identifies an important point. He is aware that there is constant consultation and discussion within the MoD with our single services about what their needs are. In the past, the blockage has been in translating need into the production of kit or equipment. This new strategy makes it clear that there will now be a much smoother, clearer progression. The early engagement with industry is critical to establishing that we have identified what the single services want—and then we have to make progress in delivering that as efficiently and as swiftly as possible.

[Lord Grocott (Lab) [V]]

My Lords, given the Prime Minister’s commitment to thousands of additional jobs in the defence sector, can the Minister tell the House how the jobs envisaged in this Statement will be distributed across the regions and nations of the United Kingdom? How will the strategy contribute to levelling up between the north and the south? If she cannot give all those details at the moment, can she please place a copy of them in the Library?

[Baroness Goldie (Con)]

Yes, it is a very important part of what we are doing. As the noble Lord spoke, I was looking at page 13 of the strategy document, which has a marvellous depiction of the reach across the United Kingdom of what we do with industry and security. It is very clear to me that this is all about the union and levelling-up. The noble Lord will look at those locations and see the potential for many of these areas to benefit from the fruits of the new strategy.

[Lord Chidgey (LD) [V]]

The Government state that the future will be digital, cyber and technological. It so happens that many years ago I was fortunate to be an Admiralty student apprentice, becoming a graduate engineer in the process. I call on the Minister to set out where the Government plan to find the young students who excel in the applied sciences now, this year, ready to develop the technical and engineering skills required for the 2,500 apprentices over the next five years. Most importantly, where will they find the highly qualified and skilled instructors to train this new model of a technician-based workforce?

[Baroness Goldie (Con)]

This is all about an increasingly close partnership between government and industry. The noble Lord will be aware that industry, particularly in defence, employs not just many employees directly but many modern apprentices, and in some cases that has been found to be a proven route for learning and commitment to the corporate organisation. It is an exciting future for young people interested in STEM subjects. Across the nation, particularly in the devolved Administration areas, where I have engagement, there is an interest in progressing STEM and using the critical mass of the MoD providing those skills in the devolved nations to help them with their educational delivery.

[Lord Empey (UUP) [V]]

My Lords, may I ask about the rollout of work? Part of the problem in the industry has been that work is inconsistent and erratic. While there is supposed to be a shipbuilding strategy, can she tell the House whether companies such as Harland and Wolff in Belfast will get actual orders to contribute by supplying ships and other vessels so that there is consistent work in the defence sector, rather than an erratic supply of work?

[Baroness Goldie (Con)]

The noble Lord will be aware from the White Paper published on Monday that very close attention was paid to the rollout of an exciting shipbuilding programme. There is an intention to refresh our national shipbuilding strategy, and the Secretary of State for Defence is the shipbuilding tsar. So there is a real and rooted interest in the future of the shipbuilding industry in the United Kingdom. I am absolutely certain that all shipbuilders in the UK, if they are interested in the construction of naval marine craft, will engage with the MoD to see what opportunities await.

I can also say to the noble Lord, particularly in relation to Belfast, that of course we have Spirit AeroSystems and Thales. Indeed, I think it was Spirit AeroSystems that recently, this year, got a contract to develop the RAF’s lightweight affordable novel combat aircraft. We are very mindful of the contribution that can be made across the UK.

[Lord Boyce (CB) [V]]

My Lords, this comprehensive industrial strategy is very much to be welcomed. I focus on the shipbuilding aspects to seek clarification from the Minister on a couple of points. It would seem that opening competition for building of warships is to be nuanced, to use the expression used by the Minister yesterday in the other place and in the strategy paper itself. The noble Baroness has touched on this—but, to be clear, does that mean that building warships offshore in future will not be precluded?

Secondly, the impression is given that RFAs such as future support ships may be classified as warships for the purpose of shipbuilding. Have the Government considered the implications of this, in so far as the present classification of RFAs as merchant ships allows them, among other things, freedom of navigation in certain territorial waters not allowed to warships?

[Baroness Goldie (Con)]

I think the noble and gallant Lord would agree that what was outlined in the Command Paper is exciting, not just for the UK shipbuilding industry but for the Royal Navy. The thrust of the security and industrial strategy paper is obviously that we want to be sure that we have a sustainable defence industry in the UK, which includes shipbuilding.

On the noble Lord’s particular question on whether we would never look abroad for a ship, I would not say that. It would be a very short-sighted view to take. There might be a situation where a product was available and we would think it safe to buy it without compromising our operational independence.

The classification of ships is clearly a matter for the Secretary of State to determine. I am sure he will do that on a case-by-case basis.

[Lord West of Spithead (Lab)]

My Lords, I think I would give eight out of 10 for this. I am delighted that the Government recognise the importance of defence industries and the sovereign capability. But I join the broadside from the other side of the House—from the noble and gallant Lord—about shipbuilding. Some months ago, the Prime Minister said that there was a renaissance in British shipbuilding, and he mentioned a lot of frigate orders. Since then, there has not be a single frigate order. The Type 32 talked about is not even on the design board. The first three Type 26 frigates were ordered five years ago and the first will not be delivered for another six years, which is appalling. Have there been any meetings between the Secretary of State, the Minister for Defence Procurement and BAE Systems to try to squeeze the time needed to build these ships, which would make them a lot cheaper, and to get sensible orders in for the remaining five, driving the costs down—or are they leaving it just to run and run as a cash cow for BAE Systems?

[Baroness Goldie (Con)]

To take the last point first, no, absolutely not. While I welcome the noble Lord’s eight out of 10 for the report, which suggests that we are making progress, I think he makes a slightly harsh assessment of the shipbuilding programme. He is aware that we are committed to the eight Type 26 frigates being built in the Clyde, replacing the Type 23s and being in service for the late 2020s. He is also aware of the five Type 31s being constructed in the Forth at Rosyth, which should also be in service for the late 2020s. The Prime Minister outlined the desire to have five Type 22s. There is a steady drumbeat of orders and the yards are processing these orders. If I may say so, the noble Lord’s representation of the situation is rather dismal and not warranted.

[Lord Addington (LD)]

My Lords, to follow up on the question from my noble friend Lady Smith, military procurement has a history of overrunning projects, which people will not back out of because of personal involvement—and there is something in there, too, about jobs. Are we going to have a strategy and justification for saying no to a project, particularly if that means that we are not buying an off-the-shelf replacement which meets a battlefield capacity that we think we might need?

[Baroness Goldie (Con)]

I am sure the noble Lord will understand that the budget constraints on all departments, not least the MoD, are visible and exacting. Certainly, the MoD is very mindful, which is what underpins the strategy. How we spend money in future has to do two things: achieving the procurement and acquisition of the technology that we need as swiftly as we can get it when we need it, and ensuring that we contribute to the broader economy by generating activity in the domestic economy and possibly the potential for exports. The scenario that the noble Lord envisages is unlikely to arise because from now on procurement will proceed on a very different basis from what we have known in the past.

[Lord Lancaster of Kimbolton (Con)]

I remind the House of my interest as chairman of the Reserve Forces 2030 review. If we are to meet the ambitions of the integrated review, we need to find better ways to share skills between the private sector and defence. One way is the use of the sponsored reserve—for example, the Voyager programme, whereby Airbus engineers service the aircraft during the week then don their uniforms at weekends, giving an assured capability. That is, however, an underutilised resource, with fewer than 1,500 instances across defence. Is now the time to ensure that all future major defence contracts include a provision for sponsored reserves?

[Baroness Goldie (Con)]

I thank my noble friend for his interest in and continued focus on reserves. I also thank him for his report, the Reserve Forces 2030 review, which will be presented to Parliament soon, as my right honourable friend the Secretary of State said in another place on Monday. As the Secretary of State also acknowledged, in previous decades there has been resistance within MoD to recognising the potential of reserves and using them properly. On sponsored reserves, which my noble friend highlights, they are indeed already playing a significant role. I know that the Armed Forces are looking at the options for developing their role, for example in growth areas like space, cyber and other applied digital skills.

[Lord Bilimoria (CB) [V]]

My Lords, as president of the CBI, I can say that industry welcomes the new defence and security and industrial strategy, or DSIS, and the vision that lays out the defence sector’s strategic relationship with industry. The DSIS is ambitious regarding R&D and innovation, exportability and global Britain, and the creation of BARPA is an exciting opportunity. Will the Minister explain how the Government will ensure that innovation is rewarded fairly with a collaborative approach, with the management of intellectual property helping to crowd in private sector investment and MoD R&D activity? Also, does she agree that, by using its purchasing power to help pull developing technologies through to market at the leading edge of science and technology, it will drive prosperity and generate thousands of highly skilled jobs across the country?

[Baroness Goldie (Con)]

The last point the noble Lord alluded to is very important. Yes, I agree, and we hope that that indeed will be the consequence of the application of this strategy in practice.

On the other issues to which the noble Lord referred, again, early, close engagement between MoD and industry will go a long way to achieving the clarification he seeks. Certainly, introducing intellectual property strategies into the MoD’s acquisition processes for defence programmes to better incentivise and manage risk will also go a long way towards addressing some of the points he raises.

[Lord Liddle (Lab) [V]]

My Lords, I welcome the integrated review and the defence papers that have come from it; that shows a willingness to engage in long-term thinking. My concern is that the emphasis on sovereign capability comes up against our long history of overspending on defence procurement and the difficulty of controlling programmes. What is the Government’s attitude towards common European defence procurement as a means of securing greater cost-efficiency? Why is it that in Europe we are ending up with two separate attempts to produce a next-generation future combat air system? Would it not make more sense to go for a single common approach? In the past, the financial viability of UK defence business has often been secured by arms sales. Do the Government recognise that in future, this is likely to come up against lots of ethical foreign policy and human rights concerns?

[Baroness Goldie (Con)]

The strategy lays out a clear basis for how we will engage not just with our companies at home but with potential suppliers abroad. At the end of the day, we want a quality product providing what our Armed Forces need at a price fair to the taxpayer. Internally, we will be very clear about the pricing structures for these products. Equally, we are very clear that, if we are going abroad or dealing with an international provider, we will monitor and scrutinise that closely. We will be guided on a case-by-case basis as to what we need, who best can provide it and whether it needs to be regarded as a strategic imperative or to have operational independence, in which case it will almost certainly be with a UK provider.

[Lord Jopling (Con)]

My Lords, it is all very well for the Government to tell us that there will be opportunities for the British defence industry. Does the Minister agree that sometimes, contracts have been awarded strongly influenced by political or industrial pressures, which sometimes leave our forces with unbalanced structures and indeed with equipment inferior to the best available? Surely, the prime need is that the forces should get the best that is available. One example is the Challenger 2 battle tank: the promised export orders fizzled out very quickly and we were left with a tank which could not share its ammunition with any of the other NATO forces.

[Baroness Goldie (Con)]

The sort of scenario to which my noble friend refers may well have happened in the past—but that is where it belongs. The point of this strategy is that there will be hard imperatives for the commercial decisions we take. These will be based on what we need, what is best and who can best provide it for us.

[The Deputy Speaker (Lord Duncan of Springbank) (Con)]

My Lords, I am afraid that the time allocated for this Statement is now up; my apologies to the speakers who were not called.