Fleet Solid Support Ships

Baroness Goldie Excerpts
Wednesday 7th October 2020

(3 years, 10 months ago)

Lords Chamber
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Lord West of Spithead Portrait Lord West of Spithead
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To ask Her Majesty’s Government what assessment they have made of the value for money to the taxpayer of building the new Fleet Solid Support Ships in (1) the United Kingdom or (2) overseas; and whether any such assessment includes (a) the level of tax paid onshore, (b) any requirement to maintain skilled jobs, and (c) any strategic requirement for a minimal shipbuilding capability in the United Kingdom.

Baroness Goldie Portrait The Minister of State, Ministry of Defence (Baroness Goldie) (Con)
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My Lords, it is too early in the procurement process to assess the value for money of building fleet solid support ships in the UK compared to overseas, and it would be inappropriate to comment in advance of a new competition. The Secretary of State has already said that he will make an announcement about the progress of the programme during the autumn, and the criteria for assessing the FSS bids will be produced in accordance with Her Majesty’s Treasury guidelines on seeking best value for money.

Lord West of Spithead Portrait Lord West of Spithead (Lab)
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I thank the noble Baroness for her Answer. I am delighted that the Secretary of State has classed Royal Fleet Auxiliary vessels as military. These three ships should have been ordered more than three years ago. I hope that the integrated review is concluding that our outward-facing island nation needs a maritime strategy as a basis for its national security. Will the Minister confirm that a maritime strategy needs ships, that the UK’s shipbuilding strategy needs ship orders and that building of military ships will be onshore?

Baroness Goldie Portrait Baroness Goldie (Con)
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I reassure the noble Lord that it would be a very curious defence capability that did not have a maritime capacity. As we look to the challenges of the global world in the years to come, it seems that a maritime capacity will be an essential part of our capability. The Government are aware of the importance of the UK’s maritime industries. As the noble Lord will be aware, the Prime Minister appointed the Secretary of State for Defence to be the shipbuilding tsar for this very reason. The challenges which the noble Lord articulated are recognised.

Baroness Bryan of Partick Portrait Baroness Bryan of Partick (Lab) [V]
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My Lords, on the possibility of awarding this contract within the UK, hopes have been raised and dashed countless times over the past few years. Does the Minister agree that the UK’s post-Covid industrial recovery strategy must weigh up the benefits of enabling some 6,500 skilled jobs in the shipbuilding industry against the long-term damage to people, local industries and the wider economy of losing those jobs? Will the Government support retention of shipbuilding by awarding these contracts within the UK?

Baroness Goldie Portrait Baroness Goldie (Con)
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Like the noble Baroness, coming from Scotland, I am well aware of the significance of shipbuilding to Scotland, not least to our communities on the Clyde. The process has been put in place to proceed with the three new fleet solid support ships. Making them exempt from the EU procurement regulations will put us in a position to make informed decisions as to the approach that represents the best chance of success while realising our ambition to bring shipbuilding home.

Lord Mann Portrait Lord Mann (Non-Afl)
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As we leave the European Union, will the Minister agree that, when it comes to building military assets, British workers and British companies are perfectly capable of delivering what is needed and they should be given all orders?

Baroness Goldie Portrait Baroness Goldie (Con)
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I think the noble Lord is being slightly mischievous in his question and understands that I cannot make a specific response in the way in which he would desire. What I can say is that the Government are well aware of the significance of our indigenous UK shipbuilding capacity. We are engaged in a process in respect of the three new ships. As I said to the noble Lord, Lord West, the criteria for assessing the bids will be produced in accordance with Her Majesty’s Treasury guidelines, seeking best value for money.

Lord Robathan Portrait Lord Robathan (Con)
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My Lords, while we are talking about value for money to the taxpayer in defence spending, I am sure that my noble friend noted the immensely valuable and highly effective work done by the Armed Forces in this coronavirus crisis, particularly with the Nightingale hospitals and in testing. When she goes to various discussions about the security review, can she note that we need a large defence budget and a large pool of manpower to be effective in cases such as this?

Baroness Goldie Portrait Baroness Goldie (Con)
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My noble friend will be aware that the integrated review, which I think is the review to which he refers, is concerned with the broad and difficult question of what threats we face and whether we have the capability to meet them. That is the question which has to be resolved by the review process. The Government are acutely aware of the significance of defence to the United Kingdom. He is absolutely right: the MoD has played a proud and effective role in supporting our public agencies and other entities during the pandemic.

Baroness Smith of Newnham Portrait Baroness Smith of Newnham (LD) [V]
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My Lords, the Minister has twice referred to the Treasury guidelines on procurement, but the other area where the Treasury is hugely important is in agreeing the size of the defence budget. We have had a Budget postponed this year. Is she confident that the resources will be there for three support ships?

Baroness Goldie Portrait Baroness Goldie
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I reassure the noble Baroness by reminding her that this Government have a proud record in relation to our commitments for budget to the MoD. We had a clear manifesto commitment to continue to exceed the NATO target of spending 2% of GDP on defence as well as to increase the budget by at least 0.5% above inflation every year of this Parliament. As she is aware, we are the largest defence spenders in Europe and the second-largest in NATO.

Baroness Redfern Portrait Baroness Redfern (Con) [V]
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When a ship is built, we immediately look at the hull and structure. Steel is vital to the UK’s manufacturing industry. Does my noble friend the Minister agree that this is also about retaining capability of repairing sophisticated, highly technical ships? What support is being given to recruitment in technical apprenticeships, which are critical to our continued sovereign capability?

Baroness Goldie Portrait Baroness Goldie (Con)
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I am pleased to say that, broadly speaking across the UK, defence supports more than 300,000 jobs in the private and public sectors. I know at first hand that a number of them include modern apprenticeships. I have met some of those apprentices, and they are not just a tremendous advertisement for the talent, particularly among youth, within the country but a tremendous reassurance about the continued provision of skills to our essential industrial partners.

Lord Touhig Portrait Lord Touhig (Lab) [V]
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On 5 November, it will be one year since the Government suspended competition for building the fleet solid support ships. Sir John Parker, who wrote the review of the implementation of the National Shipbuilding Strategy, recommended at the time that

“UK-only competition should be considered for future defence-funded vessels.”

Have the Government accepted Sir John’s advice? Will they get on with the job, or will the words “dither and delay” as well as “incompetent” come to mind whenever people speak about this Government?

Baroness Goldie Portrait Baroness Goldie (Con)
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I feel slightly wounded by the noble Lord’s charge; I shall try not to take it personally. Of course, there was disappointment at the paucity of interest when the contract was originally put out. I think that it is now recognised that there were perhaps reasons for that. An internal review then carried out by the Royal Navy was helpful in ascertaining exactly what the role of the fleet support ships was to be and what they were meant to do, particularly in relation to the carrier strike group. Based on that review, we were able to make informed decisions as to the approach that best represents what we need to make a success of that support role. As he may be aware, the prior information notice, which set out the details being sought, indicated that there is a revised design for the ships. I am pleased to say that, in response to that notice, there has been a very healthy level of interest.

Viscount Trenchard Portrait Viscount Trenchard (Con)
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My Lords, will the Minister confirm that in the new support ships programme the overriding priority will be best value for the UK defence budget? Might this involve giving orders to consortia, including British and foreign companies working together? Has the impact of any delay in delivery of new ships beyond the end of the service life of Royal Fleet Auxiliary “Fort Victoria” been costed?

Baroness Goldie Portrait Baroness Goldie (Con)
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We are aware of the scheduled end of service for “Fort Victoria”, which is in 2028. We are satisfied that we can make the necessary arrangements to continue the support which will be required. On delay, as my noble friend will be aware, the National Audit Office has made it clear that it is too early to say what impact stopping the original competition process might have on the entry into service of the fleet solid support ships. We will seek to mitigate any delay, and we shall certainly assess—as we are currently doing—the interest of those parties which have responded to the prior information notice process. We hope to proceed to make further information available to Parliament on the procurement strategy.

Lord Fowler Portrait The Lord Speaker (Lord Fowler)
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My Lords, the time allowed for this Question has sadly elapsed.

Afghanistan: Locally Employed Civilians

Baroness Goldie Excerpts
Tuesday 22nd September 2020

(3 years, 11 months ago)

Lords Chamber
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The Question was considered in a hybrid proceeding.
Baroness Goldie Portrait The Minister of State, Ministry of Defence (Baroness Goldie) (Con)
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My Lords, Home Office Immigration Rules stipulate that applications for relocation under the cross-government Afghan ex-gratia scheme for former locally employed civilians must be made in Afghanistan. This is due to the challenges involved with the capability of the Afghan authorities to verify the documents of applicants who are outside Afghanistan as well as difficulties in completing the vetting process for them. Therefore, former locally employed civilians no longer residing in Afghanistan are not eligible.

Baroness Coussins Portrait Baroness Coussins (CB)
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My Lords, I warmly welcome the decision to expand the scheme, especially for interpreters, without whom our Armed Forces could not have done their job. I know from the time I served on the LEC Assurance Committee that there is a genuine desire to get all this right. Will the Minister reconsider finding a way to include in the ex-gratia scheme those interpreters who felt so unsafe and threatened by the Taliban that they fled to a third country? They too deserve our gratitude and the offer of relocation. May I also ask the Minister whether the Government will guarantee that all children of those who qualify for relocation, but who have turned 18 during the lengthy process of application and additional delays because of Covid, will still be entitled to come here with their parents?

Baroness Goldie Portrait Baroness Goldie (Con)
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I thank the noble Baroness and I join her in paying tribute to the tremendous support offered by locally employed civilians as our interpreters, working hand in hand with us in Afghanistan; they have been absolutely invaluable. On her first question, as I indicated, there are genuine administrative difficulties in relation to applications from third-country residents. Whether some are able to produce documentation or evidence of their valid entitlement to claim is a matter that would certainly be looked at, but determining the outcome would be a Home Office decision.

On her second point, spouses and children are included in the expanded scheme. I do not have specific information on the technical issue of whether children who have now attained the age 18 would still be allowed to come. However, she has raised an important point and I undertake to write to her.

Lord Touhig Portrait Lord Touhig (Lab) [V]
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My Lords, yesterday Mr Mercer, the Minister for Veterans, said that his task was to genuinely change

“what it feels to be a veteran in the United Kingdom.”

Does he mean to include the Afghan interpreters who put their lives at risk fulfilling vital roles in support of our boys and who, with their families, have made homes in Britain, or was yesterday’s statement just another government Minister high on rhetoric while failing to deliver for those who have served our country?

Baroness Goldie Portrait Baroness Goldie (Con)
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The noble Lord will be aware that the Government are offering a great deal of support to our veterans. We want to do that because it is the right thing to do, and that would be the context in which my honourable friend made his observation. Our interpreters, as I indicated to the noble Baroness, Lady Coussins, were an invaluable support. They were courageous and it would have been virtually impossible for us to do our job without their contribution. We have recognised that in a number of ways, which I think is very clear from the conditions that operated when they were employed by us. It is also clear from the ex-gratia scheme that we have now made available. Of course, for those who are fearful or apprehensive of intimidation, the noble Lord will be aware that we have provided support through the intimidation scheme in Afghanistan. We are the only country to offer in-house support, which is based in Kabul.

Baroness Smith of Newnham Portrait Baroness Smith of Newnham (LD) [V]
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My Lords, like the noble Baroness, Lady Coussins, I welcome the extension of the ex-gratia scheme. The Minister referred at least twice to the Home Office. There is a concern that the extension might not have much effect if those interpreters who have already felt the need to leave Afghanistan cannot make use of the scheme here. Can the Minister take back to the Home Office the need to look again at the administrative hurdles which seem to have been put in the way of the effective expansion of the scheme?

Baroness Goldie Portrait Baroness Goldie (Con)
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I wish to reassure the noble Baroness that the expansion of the scheme is clear and the criteria surrounding it equally so. It is anticipated that there are interpreters in Afghanistan who will want to avail themselves of these expanded provisions. That is to be welcomed and it is a positive development. I explained in an earlier response the practical difficulties that surround validating entitlement and claims from those now resident in a third country. The reason that this is not an MoD responsibility is that it lies fairly and squarely within the responsibilities of the Home Office. I have undertaken to seek clarification, but at the end of the day, it is for the Home Office to deal with people making applications from outwith Afghanistan.

Baroness Helic Portrait Baroness Helic (Con) [V]
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My Lords, this welcome extension seems to apply only to interpreters with at least 18 months’ service, whereas the previous support was available after 12 months. What is the basis for the change and what support is available for those who served alongside our Armed Forces for shorter periods but nevertheless provided significant assistance and undertook severe risks?

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Baroness Goldie Portrait Baroness Goldie (Con)
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The history of how we engage with a local population when we need the supply and support of interpretation services indicates that they are highly regarded and very well treated. They are employed and well remunerated for the services they provide. On the distinction between redundancy and resignation, it is fair to say that people who are made redundant have no control over the situation, and it was therefore felt appropriate that their qualifying period should be 12 months. On the other hand, people who decided to resign from the service obviously had their own reasons for doing so; they made their own decisions. That is why, although we think it right to expand the scheme, it seemed appropriate to make their qualifying criteria 18 months.

Lord Stirrup Portrait Lord Stirrup (CB)
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Does the Minister agree that the Government have a moral responsibility for locally employed civilians and their families who are endangered by their support for British operations, and that this responsibility still exists and must still be met, even when those civilians are employed by an intermediary contractor such as thebigword?

Baroness Goldie Portrait Baroness Goldie (Con)
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The noble and gallant Lord raises an important point. As he will be aware, the MoD currently does not employ interpreters. The Foreign, Commonwealth and Development Office has employees and is responsible for the terms and conditions of the employment. It is important that the UK sends out a positive message about how we value those we draw on to provide their skills and support in times of operational activity. That is what we drew on in Afghanistan, which is why we want to recognise the incredible contribution made by these locally employed civilians. I hope the expansion of this scheme reflects that ambition.

Lord Campbell of Pittenweem Portrait Lord Campbell of Pittenweem (LD)
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My Lords, in spite of recent improvements, is the unpalatable fact not that the history of this matter really is shameful? Why have the Government dragged their feet when they have a clear moral obligation?

Baroness Goldie Portrait Baroness Goldie (Con)
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I have the greatest respect for the noble Lord, as he is well aware, but I do not entirely agree with that analysis. He will be aware that the scheme first got off the ground back in 2012, but eligibility was restricted only to those serving on 19 December 2012. Quite rightly, that was recognised as inadequate, and that is why the scheme was extended in 2018 so that those who served from May 2006 and, as has previously been indicated, served for over a year but were made redundant became entitled to inclusion. Then, in 2019, we saw that cohort expanded by the addition of their families, which was a sensible and humane decision to make. We now see the expansion of the scheme, so I disagree with the interpretation that this is too little, too late. We have put in place not only the ex gratia scheme to help the interpreters but intimidation scheme support for those who have decided to remain in Afghanistan.

Lord Singh of Wimbledon Portrait Lord Singh of Wimbledon (CB) [V]
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My Lords, the ex gratia scheme for Afghan interpreters rightly recognises our debt of gratitude to those who risked their lives helping us, but the limiting criteria for assistance, such as the need to have served a year for eligibility to settle in the UK, led many—desperately fleeing the country, leaving their families—to seek refuge abroad. Does the Minister agree that we have what is called a Christian duty to help them?

Baroness Goldie Portrait Baroness Goldie (Con)
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We have a duty to those who served and supported in Afghanistan—I think there were 2,900 interpreters in total—but, as I indicated to the noble Lord, Lord Campbell of Pittenweem, the Government are cognisant of their responsibilities. That is why they put in place what I think is now regarded as an effective and very supportive scheme with the ex gratia support.

As to the wider implications, at the end of the day we want to support where we can. The noble Lord will be aware that the scheme is in two parts. It offers relocation to the United Kingdom, but it also offers in-country training. That means people can receive five years of training and get a monthly stipend or can opt for an 18-month salary payment. That strikes a very good balance. We do not want to draw talent away from Afghanistan, which desperately needs that talent. Indeed, there is a most positive picture of that training having created doctors, dentists, teachers and engineers. I suggest to the noble Lord that we have balanced our responsibilities appropriately, recognised the contribution made and responded positively and effectively to the obligations on us as a country to make meaningful our respect for and appreciation of that contribution from the locally employed civilians.

Lord Duncan of Springbank Portrait The Deputy Speaker (Lord Duncan of Springbank) (Con)
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My Lords, all supplementary questions have been asked.

Covid-19: Military Operations and Support

Baroness Goldie Excerpts
Thursday 10th September 2020

(3 years, 11 months ago)

Lords Chamber
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Baroness Anelay of St Johns Portrait Baroness Anelay of St Johns
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To ask Her Majesty’s Government what steps they are taking to ensure the continuity of military operations and support during the COVID-19 pandemic.

Baroness Goldie Portrait The Minister of State, Ministry of Defence (Baroness Goldie) (Con)
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My Lords, the Ministry of Defence has continued to deliver its essential outputs throughout the Covid-19 pandemic. While non-critical outputs were scaled back at the early stages of lockdown, these are now being restored. Social distancing and other safety measures, in line with Public Health England guidance, have also been implemented to further reduce the risk to the health of defence personnel.

Baroness Anelay of St Johns Portrait Baroness Anelay of St Johns (Con) [V]
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My Lords, events such as the diagnosis of Covid-19 among the crew of HMS “Queen Elizabeth” hit the headlines. Can my noble friend reassure me that care is also taken to ensure continuity in service of less well-known craft such as auxiliary landing ship dock RFA “Mounts Bay” and HMS “Tyne”, the latter performing a valuable service protecting our fishing fleet?

Baroness Goldie Portrait Baroness Goldie (Con)
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I can reassure my noble friend that the safety and welfare of our people are paramount. Measures are in place to safeguard them and to reduce the risk to both them and their families. While workplaces have been adjusted to meet Covid-19 guidance, all personnel who have been eligible for testing if displaying symptoms have been tested, and we have followed public health guidance throughout. I can reassure my noble friend about the continuance of operations. There has been a steady drumbeat of activity on land, sea and air.

Lord McConnell of Glenscorrodale Portrait Lord McConnell of Glenscorrodale (Lab)
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My Lords, have the Government, through the Ministry of Defence or the National Security Council, conducted any analysis of the impact of the Covid-19 pandemic on conflict and tension in the most important conflict spots around the world? Will that analysis, if it exists, be included in the integrated review on security, defence, development and foreign policy that the Government are due to publish in October?

Baroness Goldie Portrait Baroness Goldie (Con)
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Because of Covid-19, now more than ever we must be mindful of the long-term consequences of the decisions we take and of how the crisis could shift the context in which we operate domestically and internationally. The review will still be radical in its reassessment of the nation’s place in the world, and that will include accounting for the implications of Covid-19.

Baroness Smith of Newnham Portrait Baroness Smith of Newnham (LD) [V]
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My Lords, at the height of the pandemic, the Armed Forces had 20,000 people at readiness to deal with Covid and up to 4,000 people deployed at any one time. If we are assuming a second peak and activity going through next winter, are the Armed Forces manned to deal with the crisis on an ongoing basis?

Baroness Goldie Portrait Baroness Goldie (Con)
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I reassure the noble Baroness that we are preparing for whatever scenarios unfold as we approach winter. We will use the Cabinet Office-endorsed reasonable worst-case scenario, produced by SAGE, to inform departmental planning activities for the winter months.

Baroness Warsi Portrait Baroness Warsi (Con) [V]
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Will my noble friend join me in paying tribute to the pivotal role our Armed Forces have played domestically and internationally in responding to the pandemic? Is my noble friend familiar with and supportive of the recommendations in the Policy Exchange report Operation Covid-19, which encourages learning from our Armed Forces about analysis, planning and delivering in such crises?

Baroness Goldie Portrait Baroness Goldie (Con)
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I thank my noble friend for her tribute to the Armed Forces; it enables me to put on the record my absolutely unbounded admiration for all they have done in the most extraordinary circumstances, displaying the very best of our defence professionalism. We all owe them a huge vote of thanks. They displayed throughout the United Kingdom —not just in England but in the devolved nations—their skills of logistical planning and strategic advice. I am very grateful to my noble friend for bringing attention to the report to which she referred.

Lord Craig of Radley Portrait Lord Craig of Radley (CB) [V]
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My Lords, in order to observe social distancing, were service personnel required to vacate their accommodation and expected to sleep elsewhere? What steps were taken to cancel accommodation costs and refund inevitable transport costs for those so instructed?

Baroness Goldie Portrait Baroness Goldie (Con)
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I will have to undertake to write to the noble and gallant Lord with a more specific response. I can say that, in general, arrangements were made for isolation and that these arrangements were flexible depending on what was best for the individual involved. Obviously, we adhered to the rules in the same way as we would for any other UK citizen, with appropriate modification to take account of the atypical accommodation often found in defence. I shall write to the noble and gallant Lord with further detail.

Lord Touhig Portrait Lord Touhig (Lab) [V]
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My Lords, our troops have rightly continued their duties overseas for the duration of this pandemic, keeping our citizens safe and helping to maintain international peace. Can the Minister say how many personnel are currently absent from operations due to testing positive for Covid or being in quarantine? How often personnel are tested when they are serving in high-risk parts of the world?

Baroness Goldie Portrait Baroness Goldie (Con)
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I am unable to give the noble Lord a specific answer on the number who are absent. I have data for the number of people who are tested and the proportion of these who prove positive, but we do not have centrally held data on the more detailed pattern of Covid-related absences.

Lord Campbell of Pittenweem Portrait Lord Campbell of Pittenweem (LD)
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My Lords, how will the United Kingdom continue to support operations and the NATO policy of deterrence by conventional means if we are to abandon land-based capabilities, such as tanks and armoured fighting vehicles, as is now widely reported?

Baroness Goldie Portrait Baroness Goldie (Con)
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I know the noble Lord is anxious to draw me on some specifics, but he will not be surprised to learn that I am not going there. The integrated review is under way, and it is a significant and important review. As I explained earlier to the noble Lord, Lord McConnell of Glenscorrodale, we are taking account of all changing circumstances. The objective is to be in a situation with the capability, robust and tested, to meet the challenges of the new age. We are living in a very different age to even 10 years ago with new threats and technologies. The integrated review will take all that into account.

Lord Bhatia Portrait Lord Bhatia (Non-Afl) [V]
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My Lords, the Army said that it is ready to serve during the Covid-19 pandemic, and it could also support the NHS. Some 4,000 military personnel have been seconded to civil authorities. Can the Minister say whether the Navy or Air Force have also provided any support?

Baroness Goldie Portrait Baroness Goldie (Con)
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I am going to undertake to write to the noble Lord with more detail. I do not have sufficient information before me to respond to his question.

Lord Robathan Portrait Lord Robathan (Con)
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My Lords, I have been informed that at Army training establishments, such as Catterick and Sandhurst, all the trainees—who are young people, in least danger of catching or suffering from this virus—are confined to barracks for the entire period of training, not just the normal part of the course. However, the staff are, quite rightly, allowed to return to their families and the community. Can my noble friend confirm whether this is the case? If so, is it not contrary to a basic rule of leadership, namely leading by example? Should we not consider the morale and mental well-being of keen young volunteers joining the Army confined to barracks against all logic?

Baroness Goldie Portrait Baroness Goldie (Con)
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I say to my noble friend that what the Armed Forces have been doing has rightly drawn admiration, as has already been indicated in the Chamber. These activities require training, and it requires a level of training to continue, and to ensure that this happened, ongoing training has taken place. Stringent protective measures are in place after specific planning processes and full risk assessments have been conducted, all in accordance with government and health guidance. At the end of the day, the safety and welfare of our men and women is paramount.

Lord Ramsbotham Portrait Lord Ramsbotham (CB) [V]
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My Lords, following that question, training is vital for sustaining the continuity of military operations. Can the Minister inform the House whether the pandemic has had any influence on operational training?

Baroness Goldie Portrait Baroness Goldie (Con)
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Obviously, at specific times certain personnel have been affected, depending on their health situation. We have taken steps to enable safe training, including social distancing during roll calls and physical training, isolating at the beginning of courses and reconfiguring communal spaces such as canteens, sleeping quarters and classrooms. Therefore, a consistent pattern of training has continued.

Lord Browne of Ladyton Portrait Lord Browne of Ladyton (Lab) [V]
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My Lords, NATO has already felt the effects of the pandemic: Norway called off Cold Response 2020, Exercise Defender-Europe 20 was restructured and trimmed and Covid-19 entered the Latvian-based NATO battlegroup. Meanwhile, the US European Command has cancelled or postponed a lot of planned exercises. Against this background, what steps is NATO taking to ensure that it will be able to perform core tasks and missions, in the short term and in the longer term, in the absence of these exercises?

Baroness Goldie Portrait Baroness Goldie (Con)
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The noble Lord is quite correct that decisions were taken to pause certain exercises, and that was the correct decision with regard to the safety and well-being of those who otherwise would have participated. NATO and all member states are anxious to resume activity when circumstances permit that to happen. We must take account of situations in host countries, not just their health situation but what their particular requirements and restrictions may be. I am confident there is a resolve on the part of NATO and the member states to do whatever we can to continue activity, but we must always have at the forefront of that the health, well-being and safety of the personnel of all member states.

Lord Fowler Portrait The Lord Speaker (Lord Fowler)
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My Lords, all supplementary questions have been asked. We now move to the second Oral Question.

British Overseas Troops: Civil Liability Claims

Baroness Goldie Excerpts
Monday 20th July 2020

(4 years, 1 month ago)

Lords Chamber
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Lord Touhig Portrait Lord Touhig (Lab) [V]
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My Lords, the Armed Forces covenant states that our forces community

“should face no disadvantage compared to other citizens”,

yet this Bill does precisely that. It disadvantages veterans, service men and women and their families. It does so by putting a six-year time limit on them bringing claims against the MoD for personal injury or death. Why do this?

Baroness Goldie Portrait The Minister of State, Ministry of Defence (Baroness Goldie) (Con) [V]
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I thank the noble Lord for his question. The Government are committed to introducing these protections to provide greater certainty for our service personnel and veterans. The other side of the coin to which the noble Lord refers is that, for too long, many of our service personnel and veterans have lived under the shadow of endless investigations and vexatious claims for increasingly historical events that occurred in the uniquely complex environment of armed conflict. We regard that as unfair and we regard the Bill as a proportionate response to that challenge.

Baroness Smith of Newnham Portrait Baroness Smith of Newnham (LD) [V]
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My Lords, building on the question from the noble Lord, Lord Touhig, I want to press the Minister a little further. This is not about vexatious claims; it is about claims that service personnel, veterans and their families may be able to bring. What assessment have the Government made of the changes to cap it at a six-year long-stop?

Baroness Goldie Portrait Baroness Goldie [V]
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I reassure the noble Baroness that this Bill will not abolish the right of people to make claims. It puts into context that a time limit will now surround when those claims can be brought. As I said to the noble Lord, Lord Touhig, that is fair and proportionate. It is fair to our service men and women, to victims and to potential claimants.

Lord Dannatt Portrait Lord Dannatt (CB) [V]
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My Lords, when does the Minister believe that Her Majesty’s Government will extend legislation in the overseas operations Bill to cover operations in Northern Ireland? I seem to recall that my first deployment in Northern Ireland in 1971 was by sea from Liverpool, so I regard this as a legitimate question. On a pertinent point, can the Minister confirm that should Major Bob Campbell, having been questioned and investigated eight times about the drowning of Said Shabram in Iraq in 2003, be exonerated by the Iraq Fatality Investigations inquiry, he will be within his rights to sue the Ministry of Defence should he be so inclined? Seventeen years of investigation have broken this decorated soldier, ruined his career and wrecked his mental health.

Baroness Goldie Portrait Baroness Goldie [V]
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I will answer the latter part of the noble Lord’s question first. I cannot comment on a specific case but, clearly, every individual is entitled to seek legal advice and consider what is appropriate action for them. On his first point, I assure him that, yes, a Northern Ireland Bill is coming forth to deal with similar issues; the Northern Ireland Office is currently in the process of preparing it. We expect more information in early course.

Lord Garnier Portrait Lord Garnier (Con) [V]
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My Lords, if the factors set out in Clause 3 of the Bill that support a decision not to prosecute five years after an offence are so powerful, why do they not apply before five years have elapsed?

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Baroness Goldie Portrait Baroness Goldie [V]
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Clause 3, to which my noble and learned friend refers, requires that a prosecutor must take into account the “exceptional demands and stresses” of overseas operations and the adverse impact that they can have on service personnel. While this requirement applies only after five years have elapsed, prosecutors may already take account of these circumstances in their decision-making at any stage. It is precisely to provide some form of protection for our service personnel and veterans and give them greater certainty that we believe it is important that the Bill makes consideration of these matters a statutory requirement once five years or more have elapsed.

Lord West of Spithead Portrait Lord West of Spithead (Lab) [V]
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My Lords, there are pressing reasons for this Bill, as military personnel have felt let down by successive Governments and the nation they serve. Historically, there was an understanding when one went into action that if any sense of doubt about actions arose, as long as one had acted with good intent, any balance of doubt would be in the service man or woman’s interest. That seems to have ceased to be the case. Even if that is not so, the perception was that our people are vulnerable to repeated litigation; perceptions are important. However, I am concerned about some of the wording in the Bill. Does it open up service men and women to greater risk of investigation and prosecution by international courts?

Baroness Goldie Portrait Baroness Goldie [V]
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First, I thank the noble Lord for his helpful comments; he speaks from singular experience in the field. The risk that he alludes to is not likely to materialise. As I said earlier, the whole point is that the Bill is framed not as abolishing rights but as placing these rights for exercise within the context of time limits. It is not a statute of limitations; it is not a pardon; and it is not an amnesty. I hope that, with a strong framework in our domestic legislation, such a manifestation will be unlikely.

Viscount Waverley Portrait Viscount Waverley (CB) [V]
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My Lords, following on from that, I suggest that current policy is an affront to the sacrifice, service and spirit of the military covenant, which should be enshrined in law. Will this Government do that? If so, when?

Baroness Goldie Portrait Baroness Goldie [V]
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I thank the noble Viscount for his pertinent question. We have committed to enshrining the military covenant in law. That issue is currently being investigated and we hope to be able to confirm further details in due course.

Lord Truscott Portrait Lord Truscott (Ind Lab) [V]
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My Lords, I note noble Lords’ criticism but generally I support the Bill. While no one is above the law, there have clearly been attempts at vexatious prosecutions and false claims against members of our Armed Forces many years after the alleged incident. In the case of innocent members of our Armed Forces and their families, this has been deeply distressing and unjust. It is time that our Armed Forces are protected from the greed of some opportunistic lawyers and their clients. I therefore think that, on the whole, this Bill achieves the right balance.

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Baroness Goldie Portrait Baroness Goldie [V]
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I thank the noble Lord for his observations. I am afraid that the sound quality was very distorted so I did not detect a question, but I will look at Hansard and if I need to return to the noble Lord on another matter, I will do so.

Lord Polak Portrait Lord Polak (Con)
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My Lords, we should all celebrate the fact that, in Johnny Mercer, there is a Minister who supports and champions our veterans. He led from the front in acknowledging last week in the other place that he would be

“absolutely happy to amend the legislation … to get it right”.—[Official Report, Commons, 16/7/20; col. 1674.]

The Bill will ensure that veterans who have served our country so bravely are freed from the reprehensible actions of certain human rights lawyers who have abused the system and made the lives of some of our veterans and their families an utter misery. Does my noble friend agree that the thrust of the Bill should not, and must not, be changed?

Baroness Goldie Portrait Baroness Goldie [V]
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I thank my noble friend for his helpful comments and his tribute to my honourable friend, Mr Johnny Mercer, who is a noted proponent of the interests of veterans and a passionate supporter of this Bill. My noble friend gets to the kernel of the issue. I fully anticipate debate about a number of aspects of the Bill—that is healthy and the Government will of course look carefully at what your Lordships have to say when the Bill comes to your Lordships’ House—but I can confirm for my noble friend that, for the sake of our veterans and armed services personnel, it is important that the underlying principle and under- pinning thrust of the Bill be preserved.

Lord Randall of Uxbridge Portrait Lord Randall of Uxbridge (Con) [V]
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Can the Minister reassure the House that the Bill will not deny essential rights to victims and potential claimants?

Baroness Goldie Portrait Baroness Goldie [V]
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I am happy to give that reassurance to my noble friend. As I explained earlier, the Bill is neither a statute of limitations nor an amnesty but an attempt to strike a fair balance that recognises the legitimate rights of victims and potential claimants. However, it weighs those against the undoubted obligations and pressures which confront service personnel when, in the name of this country, we deploy them overseas to carry out operations and they find themselves in an unusual and very challenging environment. That is why the Bill has tried to strike that balance appropriately.

Armed Forces: Racism and Diversity

Baroness Goldie Excerpts
Wednesday 17th June 2020

(4 years, 2 months ago)

Lords Chamber
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Lord Touhig Portrait Lord Touhig
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To ask Her Majesty’s Government what steps they are taking (1) to address racism, and (2) to improve diversity, in the Armed Forces.

Baroness Goldie Portrait The Minister of State, Ministry of Defence (Baroness Goldie) (Con) [V]
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My Lords, recent events have brought the issues of racism and diversity into sharp relief. While the Ministry of Defence has long recognised that any form of racism or discrimination is absolutely unacceptable and has continued to challenge itself to become more diverse and inclusive, we recognise that the pace of change needs to quicken. Efforts are being redoubled to fulfil the key objectives in the Defence Diversity and Inclusion Strategy 2018-2030 to eliminate discrimination and improve diversity throughout defence.

Lord Touhig Portrait Lord Touhig (Lab) [V]
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My Lords, last year 12% of service complaints were made by BAME personnel, despite the fact that they make up just 8% of our Armed Forces. A third of those complained of bullying, harassment and discrimination. Clearly there is a problem. The whole House will welcome the announcement of the Chief of the Defence Staff that the defence chiefs will meet regularly to change the “lived experience” of BAME personnel. Can the Minister tell us what that means precisely? How will it make a difference, and will the House receive regular reports on the progress of this initiative?

Baroness Goldie Portrait Baroness Goldie [V]
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We owe it to our black, Asian and minority-ethnic personnel to understand these issues from their perspective. We must listen and continue making change happen. I assure the noble Lord that this will be led from the most senior level. I am the Defence Minister responsible for diversity and inclusion. Chiefs of staff, senior management and personnel are all now engaged in addressing the challenges and ensuring that the laudable objectives of the diversity and inclusion strategy are delivered.

Lord Sheikh Portrait Lord Sheikh (Con) [V]
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My Lords, I encourage the ethnic minorities to join the Armed Forces. The problem is that very few are promoted above the middle ranks, which causes frustration. Furthermore, ethnic minorities make up only 2.5% of officers, which is very low. For us to improve diversity and assist the mental and spiritual well-being of servicemen, chaplains of all religions need to be full-time officers. Muslim and Sikh chaplains have received full officer training but are part-time reservists. They need to be regular full-time officers with adequate ranks. Can my noble friend the Minister look at this point?

Baroness Goldie Portrait Baroness Goldie [V]
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I listened with great interest to the point raised by my noble friend. I have no specific information about the appointment of chaplains or the backgrounds from which they are appointed. I shall investigate and write further to him.

Lord Houghton of Richmond Portrait Lord Houghton of Richmond (CB) [V]
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My Lords, I have never thought it entirely fair to hold the Armed Forces to account at an individual level for being a mirror image of the society from which they are drawn, with all the imperfections that implies. It is an inevitability. However, I absolutely agree that, in institutional terms, our Armed Forces should strive to be exemplars of the very best that can be achieved in values and standards. Can the Minister therefore inform the House what has been achieved since 2016 in policy terms in the areas of bullying, harassment, discrimination and opportunities for women?

Baroness Goldie Portrait Baroness Goldie [V]
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I reassure the noble and gallant Lord that various initiatives and programmes have been deployed within the Armed Forces to cover these very areas of concern. If we want to prevent this unacceptable behaviour, we must create a culture within our civilian and military workforce that represents, includes and celebrates all elements of the society that we defend. Within the MoD, we need to institutionalise anti-racism.

Lord West of Spithead Portrait Lord West of Spithead (Lab) [V]
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My Lords, the Royal Navy is very conscious of the need to tackle racism and improve diversity, not only because it is right to do so but because it enhances its effectiveness—and, at the end of the day, the Navy’s job in extremis is to fight and win. For the last seven years, the Royal Navy has been listed by Stonewall in the top 100 employers. It was recorded in the Times’s top 50 employers for women 2019 and in the top 50 employers for social mobility. Sadly, only 4.2% of the total regular service are BAME; a target of 10% intake into the forces has been set for 2020. Where do we stand on the Wigston report on inappropriate behaviours, dated 15 July 2019, what are the timings of the implementation of its recommendations and who is ensuring that they are implemented?

Baroness Goldie Portrait Baroness Goldie [V]
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First, I commend the Royal Navy for the fine example that it has been giving. I say to the noble Lord that, in pursuance of the diversity and inclusion strategy, to which I referred, numerous procedures are now afoot to advance awareness, to educate, to audit and to monitor performance. As the Minister with responsibility for this issue, I am certainly very clear that I shall be driving forward these checks, tests and examinations, and progress.

Baroness Smith of Newnham Portrait Baroness Smith of Newnham (LD) [V]
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My Lords, the Minister rightly said that the culture needs to institutionalise anti-racism, but what can she offer in terms of a more immediate response to service men and women who are suffering from racism and bullying? At the end of last year, the Services Complaints Ombudsman said that racism was on the rise in the UK’s Armed Forces and that incidents of racism were occurring with “increasing and depressing frequency”. Changing the culture is necessary, but we need to have results sooner than that might entail.

Baroness Goldie Portrait Baroness Goldie [V]
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The noble Baroness is correct to focus on results. I share her interest in doing that and, within my ministerial role, I will endeavour to ensure that that happens. I reassure her by saying that just this week departmental-wide communications have been released by the Permanent Secretary and the Chief Operating Officer. Indeed, the Chief Operating Officer proposed a step-by-step plan to diversify the organisation, starting immediately. On Monday this week, I briefed my Secretary of State and ministerial colleagues on diversity and inclusion, and this very afternoon I shall be part of the MoD all-staff dial-in in respect of diversity and inclusion. I shall certainly reiterate the message of inclusion, try to reassure staff that concerns will be listened to and, in particular, invite the input of staff from minority backgrounds to get involved. I want to hear from them.

Baroness Falkner of Margravine Portrait Baroness Falkner of Margravine (Non-Afl) [V]
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My Lords, the target for female representation at 15%, as set out in the biannual diversity report, seems to me too low. Why are they not being more ambitious, with a higher target? Nearly half the BAME staff are of non-UK nationality. Why are they not succeeding in recruiting people from United Kingdom BAME communities, and what lessons can be learned from the recruitment for Future Forces 2020, which seems to have a much better record with both women and BAME communities?

Baroness Goldie Portrait Baroness Goldie [V]
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We are anxious to learn from any source about how we might improve our approach, but it would be wrong to imagine that no good things are happening. A number of very good things are happening and very positive developments are taking place. However, particularly having regard to the events of recent weeks, it is critical that we reassure staff within the MoD that this is not some transient focus of attention. There is now an ongoing serious conversation that will continue. It is being driven by the senior levels of management and personnel and at the ministerial level within the MoD.

Baroness Verma Portrait Baroness Verma (Con) [V]
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Will my noble friend work with her colleagues at the Department for Education to ensure that history lessons reflect the contributions made by service people of colour? Will she provide the House with a copy of guidance that provides the Armed Forces with a clear interpretation of how to ensure genuine access to opportunities in real career progression? Will she meet me to discuss the work that I have done in other sectors on inclusion and diversity?

Baroness Goldie Portrait Baroness Goldie [V]
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I might be able to offer my noble friend some reassuring examples of the strategies that are currently being deployed to address the very issues that she referred to. I shall of course be very happy to meet her to discuss her own experiences. As I said in response to an earlier question, if there is anyone or anywhere from whom or from which we can learn, we shall do that.

Lord Alderdice Portrait The Deputy Speaker (Lord Alderdice) (LD)
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My Lords, the time allowed for this Question has elapsed.

Covid-19: Security Risks

Baroness Goldie Excerpts
Tuesday 19th May 2020

(4 years, 3 months ago)

Lords Chamber
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The Question was considered in a Virtual Proceeding via video call.
Baroness Goldie Portrait The Minister of State, Ministry of Defence (Baroness Goldie) (Con)
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My Lords, we are working with NATO to help ensure that our adversaries cannot exploit the pandemic and threaten our security, including by tackling disinformation and ensuring NATO’s continuing ability to deter and defend. Demonstrating that NATO can support its members in times of crisis is essential, and the UK has so far responded to nine requests from allies and partners through NATO’s Euro-Atlantic Disaster Response Coordination Centre.

Lord Touhig Portrait Lord Touhig (Lab)
- Hansard - - - Excerpts

My Lords, while NATO has been a key resource, combating Covid-19 with over 100 missions delivering essential medical supplies, our Government seem to have been slow in putting the alliance at the heart of Britain’s response. How many requests have we made for NATO help, and can the Minister tell us a little more about the work we are doing with NATO to ensure that our adversaries do not put our security at risk by spreading fake news about Covid-19?

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Baroness Goldie Portrait Baroness Goldie
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I reassure the noble Lord that the United Kingdom Government have been a core component of NATO, working closely with the organisation. We support efforts against disinformation, and we deploy our defence experts into NATO to support this central effort and put our expertise at its disposal.

Lord Balfe Portrait Lord Balfe (Con)
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My Lords, the United States has not exactly distinguished itself by its international attitudes during this crisis, yet it is the leading player in NATO. I wonder if the Minister can tell us what part it has played in this response, and to what extent the Russians are using their tenuous position within the NATO structure to take part in NATO operations.

Baroness Goldie Portrait Baroness Goldie
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I am unable to comment specifically on the role of the United States; I am here to answer questions on behalf of the United Kingdom Government. I reassure your Lordships that the United Kingdom Government have been engaged closely with NATO. I refer to some of the tasks that we have undertaken, and we are currently reviewing additional requests for support from the EADRCC for Albania, North Macedonia, and Bosnia and Herzegovina.

Lord Craig of Radley Portrait Lord Craig of Radley (CB)
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My Lords, NATO’s Rapid Air Mobility initiative, RAM, was activated by the North Atlantic Council on 31 March to help the movement of supplies critical to combating Covid-19. Have many flights by RAF transport aircraft been made in support of RAM? Were last month’s RAF A400M Atlas transportations of personal protective equipment from Turkey to the UK some of these RAM flights?

Baroness Goldie Portrait Baroness Goldie
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We have not used the Rapid Air Mobility initiative at all, so the Turkish flight was not one of these flights. However, we have deployed our assets to respond to NATO requests.

Lord Robertson of Port Ellen Portrait Lord Robertson of Port Ellen (Lab)
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My Lords, over these last few weeks during this emergency, NATO has especially proved its worth. I put on record what I think is our collective gratitude to the UK delegation to NATO for its work, especially on social media, to make people aware of what NATO is doing at this point. However, is the Minister as shocked as I am by the recent public opinion survey by King’s College London, which showed that among the over-60s in this country, only 41% said they had any knowledge about NATO, and that this drops to 25% in the under-35s? Surely the Government have a responsibility, indeed a duty, to let the British public know how valuable NATO is to their safety and security. Should they not do more in the information field?

Baroness Goldie Portrait Baroness Goldie
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The noble Lord raises an interesting point. With the universal distraction of Covid-19, minds may very well be less focused on NATO and more focused on issues of health, well-being and personal safety. I shall certainly look at the survey, which sounds interesting, and we shall reflect on whether more activity could be engaged in highlighting and heightening NATO’s profile.

Baroness Smith of Newnham Portrait Baroness Smith of Newnham (LD)
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My Lords, the global pandemic highlights the biological threats and the sense that the United Kingdom, NATO and our allies could be vulnerable to terrorism in the form of biosecurity threats. What work has the United Kingdom done with our NATO allies to look at biosecurity threats?

Baroness Goldie Portrait Baroness Goldie
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I do not have specific information on that topic for the noble Baroness. As she is aware, general work is done with NATO across a range of sectors and activities, but I shall make further inquiries and undertake to write to her.

Lord Bishop of Portsmouth Portrait The Lord Bishop of Portsmouth
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My Lords, one of the most significant threats to our security would be if our Armed Forces were unable to guarantee that security and to play their part in NATO. With the recent positive tests for Covid among some of the crew on HMS “Queen Elizabeth”, is the Minister confident that any member of the Armed Forces who needs a test has ready access to one? How many have been tested, and how many of those tests have been positive?

Baroness Goldie Portrait Baroness Goldie
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I reassure the right reverend Prelate that all defence personnel and their household members who are symptomatic are eligible for testing as part of the national testing programme. The safety of our personnel is paramount.

Lord Pickles Portrait Lord Pickles (Con)
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My Lords, can we return to the question of fake news? Some of it is quite sophisticated and obviously malicious in intent. It gives false and misleading information about the medicine, and seeks to create scapegoats in our Muslim, Jewish and Chinese population. This is designed to undermine society from within. These various attempts have been well established since March of this year. What concrete things have the Government done to combat this?

Baroness Goldie Portrait Baroness Goldie
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In relation to NATO in particular, we are a principal contributor of funding to support efforts against misinformation by using cyber intelligence to counter it. On the specific question of what the Government are doing, it crosses a range of activity beyond the MoD. My noble friend will be aware that there has been leadership from the Prime Minister downwards, seeking to call out disinformation and misinformation for what it is, and we all have a role to play in doing that.

Lord Alton of Liverpool Portrait Lord Alton of Liverpool (CB)
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My Lords what consideration are the noble Baroness and NATO giving to a new report which reveals that members of the Five Eyes are strategically dependent on China for 831 separate categories of imports, of which 260 involve elements of critical national infrastructure?

Baroness Goldie Portrait Baroness Goldie
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NATO and the member partners always have an interest in reliance on export and import sources. Obviously, it is for individual nation states to determine how and with whom they trade. We have to recognise that that is a necessary freedom in the free flow of trade internationally.

Lord Reid of Cardowan Portrait Lord Reid of Cardowan (Lab)
- Hansard - - - Excerpts

My Lords, does the Minister not recognise that, despite their efforts, the Government’s response to the pandemic has been marked by inadequacy in certain areas—in pre-planning, logistics, supplies, collective action and speed of reaction? Those are all central characteristics of NATO’s strengths and expertise. Why, then, would the Government not make more use of NATO’s expertise and assistance?

Baroness Goldie Portrait Baroness Goldie
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I reassure the noble Lord that the response of the MoD to the Covid-19 challenge has been highly effective and very impressive, and there is widespread evidence of that not just across the United Kingdom but in relation to our international contribution. He will have seen from news footage in the UK exactly how much, how effectively and how positively the MoD contribution has been received.

Lord Campbell of Pittenweem Portrait Lord Campbell of Pittenweem (LD)
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Can the Minister confirm, contrary to recent reports, that the Government have no intention to reduce defence expenditure in real terms?

Baroness Goldie Portrait Baroness Goldie
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The noble Lord will be aware of this Government’s very creditable record in relation to defence expenditure. We saw an upping of £2.2 billion for 2019-20. We have committed to a 0.5% increase above inflation for the lifetime of the Parliament. The Government’s commitment to and resolute support for defence are self-evident.

Lord Fowler Portrait The Lord Speaker (Lord Fowler)
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The time allotted for this Question has now elapsed. My apologies to the noble Lord, Lord West of Spithead.

Armed Forces Act (Continuation) Order 2020

Baroness Goldie Excerpts
Monday 16th March 2020

(4 years, 5 months ago)

Grand Committee
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Moved by
Baroness Goldie Portrait Baroness Goldie
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That the Grand Committee do consider the Armed Forces Act (Continuation) Order 2020.

Baroness Goldie Portrait The Minister of State, Ministry of Defence (Baroness Goldie) (Con)
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My Lords, we have before us a small, though crucial, piece of parliamentary business to conduct: our annual consideration of the legislation governing the Armed Forces—the Armed Forces Act 2006. Before I turn directly to the matter of the annual continuation of the Armed Forces Act, let us not forget that our Armed Forces are without doubt one of this country’s foremost and most precious institutions, being held in the highest regard throughout the world as a benchmark of military excellence that other nations aspire to. Let us never forget, either, the men and women of the Armed Forces who serve and have served us so well, whether at home or further afield.

This nation owes much to our Armed Forces and the admirable qualities they espouse: bravery, discipline, professionalism, unflinching and steadfast loyalty to duty, and a strong moral compass to do all that we ask of them. These noble qualities and adherence to duty are all too frequently tested in the most challenging and varied of environments and circumstances. Therefore, our service men and women deserve our respect for the manner in which they continue to maintain such high standards and professionalism. We owe a huge debt of gratitude to our Armed Forces, who perform exceptional feats to protect this country in incredibly difficult circumstances. To support them, we shall shortly bring forward legislation to deal with vexatious claims. We will also further strengthen the basis of the Armed Forces covenant, because we are absolutely committed to supporting all in our Armed Forces community, but today we busy ourselves with the continuation of the Armed Forces themselves.

Therefore, the draft order we are considering is to continue in force the Armed Forces Act 2006 for a further year, until the end of 11 May 2021. As I shall explain, this reflects the constitutional requirement under the Bill of Rights of 1688 that a standing army, and by extension now the Royal Navy and the Royal Air Force, may not be maintained without the consent of Parliament. Let us not forget that the Armed Forces cannot exist without the annual consent of Parliament. Our consent is an opportunity for us in this Committee to record our thanks by permitting the Armed Forces to continue for another year. As I have indicated, yearly renewal is rooted in the 1688 Bill of Rights. This historical context forms the basis for why the legislation that provides for the Armed Forces to exist as disciplined bodies is renewed by Parliament every year.

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My final point is one I have raised before and not really got a satisfactory answer to. Where is the legal protection in the service justice system for a soldier who kills an enemy? It seems that that is an absolutely simple thing that, as a soldier, you would expect to be told: there is a law of the land that if you kill an enemy, you are protected in law. You almost certainly are, because the Armed Forces have killed many enemies over the years, but that is a common-law basis. It is relatively rare that anybody is ordered to kill somebody—they normally lay down fire, drop bombs or whatever—but snipers have this particular duty. How can that individual be confident that he will not subsequently be prosecuted for murder, especially in view of so many actions these days taking place where war has not been declared? In particular, how can a member of the Special Forces who kills an enemy be sure that he will not subsequently be prosecuted?
Baroness Goldie Portrait Baroness Goldie
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My Lords, I thank all noble Lords for their contributions, which have been very helpful. To some this might seem to be a routine and almost ritual debate, but underneath it are very important issues, as all contributors have indicated.

The points raised by the noble and gallant Lord, Lord Craig of Radley, were interestingly echoed by the noble Lord, Lord Tunnicliffe, in his final point. These are very important issues. Your Lordships will be aware that the Government have been concerned about the position in which members of our Armed Forces find themselves placed when in a situation of conflict. They take action that they deem to be proportionate and necessary, yet they have not been sure that they can return home without recriminations following, which might be either criminal law prosecution or civil law action for damages. The Government take that backdrop very seriously because when we ask men and women to undertake service in the name of the country, and frankly to expose themselves to situations and do things that many of us are not required to do, we are asking a very great deal of them. The least we can do is try to reassure our service men and women that when they act in the interest and under the orders of our national direction, we value what they are doing and we wish to try to protect them.

Your Lordships will be aware that last year we carried out an extensive consultation on overseas operations focused on three proposed measures that the Government want to take: a statutory presumption against prosecution; a proposal to consider the creation of a new partial defence to murder; and a proposal to restrict the court’s discretion to extend the normal time limit for bringing civil claims for personal injury and/or death in relation to historical events outside the United Kingdom. I am pleased to inform your Lordships that the Government will very shortly introduce a legislative package to ensure that our service personnel and veterans have access to the legal protections that they deserve. That legislation will build on the consultation held last summer on proposed legal protections and measures for our Armed Forces personnel and veterans who have served in operations outside the United Kingdom.

The noble and gallant Lord, Lord Craig of Radley, specifically raised the issue of Northern Ireland. That will be dealt with in a separate Bill—a Stormont Bill—which will seek to replicate the same types of protections that we are trying to achieve. I hope that reassures your Lordships that something is likely to come before Parliament imminently.

Lord Craig of Radley Portrait Lord Craig of Radley
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Just to be absolutely clear in my own mind, are we talking about legislation? The noble Baroness has talked about giving the Armed Forces assurances, but I think she just said that there will be legislation. I want to make sure that we will legislate and that this is not just about assurance.

Baroness Goldie Portrait Baroness Goldie
- Hansard - -

I can reassure the noble and gallant Lord that, yes, I said that we will introduce a legislative package and that is what we will do. The legislation has been drafted and will imminently come before Parliament. As I say, I hope that that offers reassurance.

The noble Baroness, Lady Smith of Newnham, raised a number of very interesting points. She specifically asked what will happen if Parliament is prorogued when, for example, an SI might be needed to renew the operation of our Armed Forces. We are dealing with extraordinary circumstances, the extent and impact of which are probably not yet quantifiable. There is an assumption that Parliament will sit. There is a recognition that the parliamentary process, particularly in a time of crisis, is extremely important. I want to reassure her that every effort will be made to ensure that the parliamentary process can continue in one form or another. She is absolutely right to say that there are consequences to Parliament being prorogued which could be very grave, and therefore every effort will be made to ensure that, whatever legislation is required for essential purposes, some mechanism will be found to make sure that that is addressed.

The noble Baroness also asked about the current pressures on the MoD, particularly in relation to the Covid-19 pandemic. I assure her that arrangements are in place for Defence to provide support to civil authorities if requested. We are working hard to identify where we can best provide support. At this time, there are no immediate plans for any large-scale deployments of the military to assist with public services, but we do stand ready to assist if requested to by other government departments. It goes without saying that we will continue to maintain the delivery of our key operations and outputs, such as the continuous at-sea deterrent and overseas operations.

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Lord Tunnicliffe Portrait Lord Tunnicliffe
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Can I address that point? These are not my conclusions. A High Court judge and a chief constable, working for the Government, have produced a report basically saying that it is not appropriate for these crimes to be tried by court martial because they are so serious. Surely if one is accused of murder, going in front of a civil court where the “beyond reasonable doubt” concept is reinforced by either a unanimous or significant majority jury decision is different from a military court where at the moment a guilty verdict in such a case could come about through a simple majority where one number is one greater than the other.

Baroness Goldie Portrait Baroness Goldie
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I was coming to the point that is of concern to the noble Lord on the issue of which system of prosecution is used. As we say in our response to the review, we will adopt the alternative approach identified in the review of assessing the prosecutors protocol and relevant supporting documents to ensure that they support the principle that the service justice system should deal only with those cases where there are good reasons for doing so. In other words, cases will ordinarily be tried in the civilian system unless there are good reasons why they should be tried in the service justice system. The main principle in deciding who has primacy is whether the offence has any civilian context, especially a civilian victim.

The other aspect of the review which the noble Lord raised was recommendation 4. He had a number of questions about that, such as the five-to-one qualified majority. He asked why the MoD has had this report for over a year and yet still has not come to a decision on these recommendations. Again, I reassure him that we have been working with our stakeholders on all aspects of the review. Some of the changes will require primary legislation, so we must wait for an appropriate opportunity to deal with them. We are considering these matters for the next Armed Forces Bill, which must be passed by Parliament before the end of next year. I hope that has gone some way towards reassuring the noble Lord that matters are under consideration.

The noble Lord also raised the issue of recruitment. My understanding is that the recent Army recruitment figures contain some rather encouraging information which suggests that there has been a marked increase in uptake on investigating the Army as a career. However, the noble Lord is right that getting the application figures up is only part of it; retention is another major issue which the Government are well aware of. Everything is being done to ensure that if applicants are successful and subsequently recruited, they will be given a career prospect which is conducive to their wanting to remain in the Army.

The noble Lord is absolutely correct about the very important matter of accommodation, which is connected to this. An attractive and affordable accommodation offer helps to deliver military capability and contributes to attracting and retaining service personnel. He may be aware that the MoD has developed the future accommodation model to improve choice about where, with whom and how service personnel choose to live, reflecting modern family life with entitlement based on need, not rank. We very much hope that this model, which is being piloted at HM Naval Base Clyde, Aldershot Garrison and RAF Wittering—the latter from 31 May—will provide productive examples of what works and what does not. I can reassure him that efforts are being made to look at providing accommodation suitable to modern living; he is quite right that we should give reasons to people who join the Armed Forces why they should stay.

Lord Tunnicliffe Portrait Lord Tunnicliffe
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Before the Minister continues, perhaps I may record my concern about her answers. The MoD commissioned a report using the best people available. As far as I can see, the recommendations of that report will not come before Parliament unless a particular recommendation suits the Government and they bring it forward for primary legislation. The failure to act on the recommendations, as far as I can see, will not come into the public domain unless I find some way of raising it in Parliament in the future.

Baroness Goldie Portrait Baroness Goldie
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I am sorry if I have failed to reassure the noble Lord. I have tried to cover the points he raised. I will certainly look at Hansard to see whether there is any more detailed information which I can provide for him. Any government review is always the subject of scrutiny by such vigilant observers as the noble Lord. It is always available to parliamentarians to look at what a review says and, where subsequent legislative proposals may not seem to reflect that, it is the right of parliamentarians to raise that with Government. I have tried to reassure him that the Armed Forces Bill will cover certain aspects of the matters he has raised, but I will look at Hansard and, if there are any areas where I can provide further information, I shall undertake to do so.

I am very grateful for the debate we have had. I have already moved the order and hope the Committee will agree that it should be passed.

Motion agreed.

Security, Defence, Development and Foreign Policy: Integrated Review

Baroness Goldie Excerpts
Wednesday 4th March 2020

(4 years, 5 months ago)

Lords Chamber
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Lord West of Spithead Portrait Lord West of Spithead
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To ask Her Majesty’s Government what is the timescale for the Integrated Review of Security, Defence, Development and Foreign Policy; who will lead that review; and whether the members of the Chiefs of Staff Committee will be part of the team delivering the review.

Baroness Goldie Portrait The Minister of State, Ministry of Defence (Baroness Goldie) (Con)
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My Lords, the integrated review will align with the comprehensive spending review reporting later this year. Implementation of its recommendations is expected to be a multi-year project. Further announcements and timings will be made in due course. The review will be led by the Prime Minister. It will involve numerous stakeholders, including the Chief of the Defence Staff and service chiefs.

Lord West of Spithead Portrait Lord West of Spithead (Lab)
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My Lords, I thank the Minister for her Answer. I am amazed that this highly complex review, which ought to be called the Johnson review, is going to have to provide answers about money, effectively, for this summer. It is also sad that its aim is not something as straightforward as ensuring the defence and security of our nation and people, rather three pages of waffle.

My Question relates to spad involvement. When I was a Minister for three years, I am afraid I came to the conclusion that most spads—not all—were a complete waste of rations. Very recently, a spad has actually said that this country does not need an agriculture and fisheries sector, which, in strategic terms, is totally bonkers. Can the Minister reassure me that this study will be done by people who actually understand geopolitical and geostrategic issues, rather than by weird—I use the word advisedly, as it has been used by other people—spads?

Baroness Goldie Portrait Baroness Goldie
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My Lords, let me try to tease out a few questions from the rhetoric. First, we have to be realistic: circumstances for the United Kingdom have changed dramatically, not least because we have left the EU, but particularly since the last strategic defence and security review in 2015. What we are contending with globally is unrecognisable from what we knew then. If this review was called the Johnson review, it would be a very appropriate title because it is an absolutely essential response to a geopolitical situation that is fluid globally. It is an essential response to the need to knit together government policy for defence, for the Foreign and Commonwealth Office and, of course, for DfID. That is a very far-reaching prospect.

I do not share the noble Lord’s pessimism about the timescale for this review. He will be aware that, in fact, as far as defence is concerned, a lot of the preparatory work has been done: it is there and ready to be pulled down and presented by way of evidence to the review.

On the matter of spads, it is a little unfair to refer to people who are unable to be here to defend themselves. My experience of spads is limited but essentially positive—they can be an enormous help in the discharge of ministerial responsibility. It is very easy to get cheap headlines by knocking somebody because of the way they dress—no doubt, I could be knocked because of the way I dress—but I think what matters is the cerebral capacity that can be brought to the role, and I am absolutely satisfied about that.

Lord Ricketts Portrait Lord Ricketts (CB)
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My Lords, may I declare an experience, as the co-ordinator of the 2010 strategic defence and security review? Does the Minister agree that good strategy is about choosing and prioritising? Does she accept that one of the most crucial aspects of this review is that it should start with a clear statement of the Government’s vision for Britain’s role in the world—a realistic role that gets beyond the slogan of “global Britain”?

Baroness Goldie Portrait Baroness Goldie
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I am grateful to the noble Lord; he gets to the nub of the issue. The review will indeed develop global Britain’s foreign policy. It will focus on our alliances and diplomacy, look at the trends and shifts in power and wealth to which I referred, and then determine how best we can use our international development resource.

Baroness Smith of Newnham Portrait Baroness Smith of Newnham (LD)
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My Lords, I share the concerns of the noble Lords, Lord West of Spithead and Lord Ricketts; we need to be realistic about what the United Kingdom is trying to achieve. Apparently, this review of policy is supposed to be the most fundamental since the end of the Cold War. That sounds fine, but can we be reassured that, if it takes place alongside the comprehensive spending review, it will not be an excuse for the newly integrated No. 10 and Treasury spads to find ways of ensuring that the cloth is cut according to what the Treasury thinks? Will we have the resources that our place in the world and our defence needs require?

Baroness Goldie Portrait Baroness Goldie
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The noble Baroness asks a serious question. In an endeavour to reassure her, let me say that the review is a serious, substantive proposition. As I have indicated, it examines areas of policy, defence strategy, alliances, international partnerships and so forth. The review is deliberately wide-ranging, as it has to be, but it will be underpinned by our existing commitments to contributing 2% of our GDP to NATO and 0.7% of GNI to development and, of course, to maintaining our nuclear deterrent, which will be a core part of the review.

Lord Tunnicliffe Portrait Lord Tunnicliffe (Lab)
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My Lords, there is a general consensus that the 1997-98 strategic defence review was serious and thorough. It involved 14 months of consultation and included a panel of 18 external experts, submissions from 450 MoD civilian and service personnel, seminars with defence and foreign affairs specialists, written public submissions, and base visits so that 7,500 staff could express their views. If this is the biggest review of our foreign, defence, security and development policy since the end of the Cold War, as the Government keep repeating, can the Minister unambiguously confirm that the consultation will be at least equal to the 1997-98 process?

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Baroness Goldie Portrait Baroness Goldie
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In no way do I diminish the significance of the review to which the noble Lord refers; it was important and necessary. The world in which we live now, both domestically and globally, is very changed. As I said to the noble Lord, Lord West, a lot of the work that will be necessary to produce evidence for the review regarding the defence perspective in the UK has already been done. The noble Lord, Lord Tunnicliffe, will be aware that over the years, we have had the 2015 SDSR, the Contest strategy on counterterrorism, the national security capability review, the modernising defence programme, and the exciting and very effective transformation programme. A lot of that work is already in place, and a lot of evidence is available for the review.

War Widows’ Pension

Baroness Goldie Excerpts
Tuesday 25th February 2020

(4 years, 6 months ago)

Lords Chamber
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Baroness Crawley Portrait Baroness Crawley
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To ask Her Majesty’s Government, further to the announcement by the then Prime Minister on 8 November 2014, what plans they have to reinstate the war widows’ pension for those widows who were required to surrender that pension due to marriage or cohabitation.

Baroness Goldie Portrait The Minister of State, Ministry of Defence (Baroness Goldie) (Con)
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My Lords, in 2014 the then Prime Minister announced that changes would be made to the rules of the war pensions scheme and armed forces pensions scheme from April 2015 onwards. The amendments allow survivors’ pensions to be paid for life—known as pensions for life—for widows who remarried or cohabited on or after 1 April 2015. These changes were applied on a prospective basis.

Baroness Crawley Portrait Baroness Crawley (Lab)
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My Lords, I thank the Minister. As a vice-president of the War Widows’ Association I am extremely disappointed that after five years, the Government are still dragging their feet on reinstating these widows’ pensions. We are talking about 200 to 300 war widows whose former partners served in the Falklands, Northern Ireland and the first Gulf War, among other theatres and whose only course of action today, if they want their pension reinstated, is to divorce and remarry their present partners. How bonkers is that? Will the Minister, despite what she has said, take back to her department our call that this has to be resolved once and for all?

Baroness Goldie Portrait Baroness Goldie
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I thank the noble Baroness and pay tribute to and thank the War Widows’ Association for its excellent work. I also pay tribute to the noble Baroness for her role within the association. I realise that this is an emotive issue that provokes many passions and I sympathise with and understand that. The noble Baroness will be aware that the difficulty with applying retrospective treatment to the provisions is that the policy of successive Governments—not just this one but previous ones—and across departments has been that such benefits cannot be applied retrospectively. I make it clear that in no way do the Government seek to diminish or disregard the support provided and contribution made by the ladies to whom the noble Baroness refers. My problem is that I have a very hard nut and I do not have a hammer to crack it.

Baroness Fookes Portrait Baroness Fookes (Con)
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My Lords, as president of the War Widows’ Association, I say to my noble friend that the Answer she has given will not wash with those ladies who naturally feel aggrieved by this decision. Will my noble friend at least agree to a meeting where this could be discussed more thoroughly with the officers of the association and honorary members, such as myself¸ who are able to be present?

Baroness Goldie Portrait Baroness Goldie
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I thank my noble friend for her question—I am beginning to feel a formidable array of onslaught opening up before me. I also thank her for her invaluable role as president of the War Widows’ Association. The department is very anxious to continue a dialogue and to continue to hear what war widows are experiencing. The noble Baroness, Lady Crawley, referred to data, which is notoriously difficult to quantify. No one has the data but the association might now be able to pinpoint more accurate information. Anything that adds to our aggregate knowledge will be welcome. I say to my noble friend Lady Fookes that the Central Advisory Committee on Compensation, chaired by the Minister for DPV—which covers service charities, including the War Widows’ Association—is meeting tomorrow. I very much hope that the association will use that forum to make plain the strength of views that I am detecting clearly in the Chamber today.

Lord Craig of Radley Portrait Lord Craig of Radley (CB)
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My Lords, the Minister is relying on the usual excuse of no retrospection. I remind her that in the 1980s an award was given to widows. It was deemed to be an award and therefore did not get caught by retrospection. Perhaps she could see whether such an approach could be used on this occasion.

Baroness Goldie Portrait Baroness Goldie
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I thank the noble and gallant Lord for that helpful contribution. I am unaware of that situation but I undertake to look carefully at what he has said and to have it explored.

Lord Bishop of Peterborough Portrait The Lord Bishop of Peterborough
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My Lords, does the noble Baroness agree that the scandal of this situation is that it applies only in cases where the incident that caused death occurred between April 1973 and April 2005? Those widowed because of an incident before 1973 or after 2005 do not lose their benefit if they remarry. That is complete nonsense and shameful. Should it not be put right? Furthermore, the noble Baroness has described this payment as a benefit. Can we not describe it instead as compensation? Should not war widows’ pensions be called war widows’ compensation so that widows are not subject to this sort of withdrawal?

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Baroness Goldie Portrait Baroness Goldie
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The right reverend Prelate’s latter point is an interesting one. I understand that technically, the payment is a pension. As I said earlier, the difficulty confronting my department is not imaginary; it has confronted many Governments and has reached across all government departments. To be fair, the difficulty at the time of the change, which was welcomed in 2015, was reflected by the War Widows’ Association. At the time, it said that it understood the principle that legislation cannot have a retrospective effect. It realised that that was not unique to the association and its campaign, and that trying to change it would have been very difficult. I detect the strength of sentiment in the Chamber and reassure your Lordships that I undertake to relay that to the department.

Baroness Garden of Frognal Portrait Baroness Garden of Frognal (LD)
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My Lords, I declare an interest both as a military widow and as another vice-president of the War Widows’ Association. Service life means that families follow the flag and are regularly relocated. We ourselves moved 24 times in 30 years. As such, it is well-nigh impossible for wives—now widows—to have a career that earns them a pension, so they are entirely dependent on their husband’s pension entitlement. Therefore, was it not an act of real meanness that they lost that pension if they found happiness in a new relationship? Surely the Government cannot keep hiding behind the pretence of not being prepared to consider retrospection. It must be time to remedy this. The sum of money involved would be a pittance in the MoD budget.

Baroness Goldie Portrait Baroness Goldie
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I pay tribute to the noble Baroness for her role in this and her connection with the War Widows’ Association. I hear clearly what she says and I agree. She is absolutely right that the women to whom we are referring have made sacrifices: they were frequently required to be posted abroad and may have put their own careers on hold. I understand all that. I think the noble Baroness will be familiar with the difficulty because she was a government Minister at the time of the change. It is a difficulty over which I personally have no control. However, her voice is added to the chorus that I hear very clearly this afternoon.

Afghan Interpreters: Security Clearance

Baroness Goldie Excerpts
Tuesday 25th February 2020

(4 years, 6 months ago)

Lords Chamber
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Baroness Coussins Portrait Baroness Coussins
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To ask Her Majesty’s Government, further to the Written Answer by Baroness Goldie on 22 October 2019 (HL19), whether the review of security clearance policies for Afghan interpreters who have been relocated to the United Kingdom has been completed; and if so, what was the outcome.

Baroness Goldie Portrait The Minister of State, Ministry of Defence (Baroness Goldie) (Con)
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My Lords, I am pleased to confirm that the Ministry of Defence has revised its national security vetting policy for all interpreters who deploy overseas in support of military operations. Afghan interpreters who have relocated to the United Kingdom will now no longer be disadvantaged for not meeting the previous residency and nationality requirements. The Government will also now take account of previous loyal service alongside UK Armed Forces overseas.

Baroness Coussins Portrait Baroness Coussins (CB)
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My Lords, I am relieved by and pleased to hear that Answer, although I find it odd that if residency and nationality for five years are no longer a barrier to security clearance, a minimum of five years’ residency is still required as proof of honesty and integrity—as set out in the Minister’s letter to me earlier this month. What is the difference and why can the two not be aligned? Also, I ask about the interpreters who remain in Afghanistan and do not qualify for the provision to relocate to the UK under the excellent ex-gratia scheme, but who might still be vulnerable to intimidation and death threats from the Taliban. Since responsibility for interpreters was contracted out to the private company thebigword, protection and the general duty of care for them has not matched the previous government-run scheme. When will this contract be reviewed and what due diligence will be undertaken to ensure that the previous intimidation policy will at the very least be restored, if not improved?

Baroness Goldie Portrait Baroness Goldie
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As I indicated to the noble Baroness, in determining security vetting the Government will take account of previous loyal service alongside UK Armed Forces overseas. A variety of criteria are applied for UK clearance. It is for other groupings such as NATO to determine what satisfies them. On the point about thebigword and monitoring, I reassure her that the Ministry of Defence holds regular governance and assurance meetings with the contractor and has performance metrics in place to ensure that standards are met. On the intimidation angle, she will be aware that the UK Government have been at the forefront of providing support—and to considerable effect. In addition to the checks that the Government expect the contractor to carry out, there is an intimidation unit in Afghanistan, manned 24/7, to deal with any situations of concern. She asked for some specific figures; I will check Hansard and undertake to write to her.

Lord West of Spithead Portrait Lord West of Spithead (Lab)
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My Lords, these people effectively fought the Queen’s enemies alongside us. Does the Minister not agree that the foot-dragging, delays and confusion over this is a terrible message to give, because our forces will again, without a doubt, fight elsewhere and people will not be willing to help them if they see that we do not look after them?

Baroness Goldie Portrait Baroness Goldie
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I respect the noble Lord’s experience on such matters, but I disagree. The United Kingdom Government have effectively demonstrated that they stand by the people they ask to work alongside them in situations of hostility and conflict. Help has been forthcoming, particularly for those who feared intimidation: 570 locally employed staff have received support throughout the scheme, ranging from bespoke security advice to 40 locally employed staff being supported to relocate within Afghanistan. The two systems, intimidation and redundancy, indicate that a great deal of help has been available from the United Kingdom Government, which is something of which we should be very proud.

Baroness Hooper Portrait Baroness Hooper (Con)
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Can my noble friend tell us, in addition to the good news she has already given, how many of these brave interpreters are still in the pipeline or are being processed, and when they can expect to hear when they and their families will be relocated?

Baroness Goldie Portrait Baroness Goldie
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My understanding is that, under the redundancy scheme, there are only two former locally employed staff and their families waiting to relocate, neither of whom is an interpreter. So far, 445 former locally employed staff and their families—1,317 people in total—have been relocated to the UK, the vast majority of whom were interpreters. The noble Baroness referred to families in the pipeline; I understand that the Ministry of Defence is processing 66 spousal applications and 58 child applications for relocation from former locally employed staff who relocated without their families.

Lord Campbell of Pittenweem Portrait Lord Campbell of Pittenweem (LD)
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My Lords, I do not know if in preparing for this Question the Minister had regard to the Hansard of 17 June last year. At that time it was made abundantly clear that there was considerable sympathy on all sides of the House for the position of those who were willing to risk life and limb by being interpreters for the British Army. Some of that good will has in fact been dissipated by the length of time that it has taken to reach the conclusion that she announced in her initial response to the Question. However, I go back to those who have not yet been afforded the opportunity of settling in the UK. There is of course at the moment the suggestion of some kind of peace treaty between the Americans and the rebels in Afghanistan, but it is highly unlikely that the position of these interpreters will in any way be protected by that. Should we not be much more generous towards those who were willing to assist us, not least for the pragmatic point made by the noble Lord, Lord West: why will other people be willing to do the same thing if they do not believe they will be properly treated?

Baroness Goldie Portrait Baroness Goldie
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I have endeavoured to reassure the House by giving the information that I have been able to disclose. A great deal has been done for the very reasons that the noble Lord rightly states. We value what these people have done in supporting our Armed Forces in an area of conflict; we value the contribution that they have made. It is clear that with the two schemes we have done everything we can to ensure that these people are not compromised, placed at risk or put at a disadvantage. In fact, the noble Lord will be aware that in particular the training and finance packages available for those who seek to stay in Afghanistan are very generous. They are having very positive outcomes as we speak, which is to be applauded and commended. We do not want a situation where people would be reluctant to work with the United Kingdom, and I am not aware of any evidence to that effect.