Ukraine

Baroness Goldie Excerpts

Thursday 9th February 2023 Lords Chamber

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[Baroness Goldie]

That this House takes note of the situation in Ukraine.

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

My Lords, we hold this debate against the sombre and shocking images emerging from Syria and Turkey of the devastating earthquake which has visited such tragedy and suffering on these two countries. I know the thoughts of us all are with the families and citizens who are affected by and in shock from this horrendous catastrophe. That is a horrific consequence of the destructive power of nature, so it is an incredibly cruel irony that we see tragedy and devastation in Ukraine not from the force of nature but because a human being made an avoidable decision to inflict that horror on an innocent sovereign country.

Almost a year ago, President Putin launched his illegal invasion of Ukraine, which was a move that shook the whole world. Putin imagined that Ukraine would fall within a matter of days, but the Russian army completely failed to anticipate how proud, determined and brave would be the reaction from the forces of Ukraine which ferociously resisted Putin’s troops on every axis. We have now reached day 351 of the conflict. The Kremlin’s attack has cost Russia the lives of tens of thousands of soldiers, not to mention a vast quantity of tanks, armoured vehicles, jets and one prized flagship.

Ukraine has retaken more than 50% of the territory lost in the initial chaos of the Russian advance. A merry-go-round of Russian generals have come and gone, replaced with monotonous regularity. Most recently, General Surovikin has been replaced by General Gerasimov, who is derided by some of his own countrymen as the “Plywood Marshal”. Throughout it all, the Kremlin—aided by Iran’s kamikaze drones—has kept up a relentless, cynical and despicable bombardment directed against civilian infrastructure. Thousands of innocent civilians have died in botched, indiscriminate attacks, adding to the charge sheet of the litany of alleged war crimes.

Take last Wednesday evening—2 February—when an Iskander-K tactical ballistic missile slammed into an apartment block, killing three and wounding many more. Separately, in the past few days, we have heard a former Russian military officer admit that Russian troops have indeed tortured Ukrainian prisoners of war, claiming that at one site in southern Ukraine,

“the interrogations, the torture, continued for about a week”.

That is utterly appalling.

Yet despite laying waste to vast swathes of Ukraine and imposing unnecessary suffering on much of the population, Russia has still failed to accomplish any of its strategic aims. In recent weeks, Russia has trumpeted several tactical advances. In mid-January, Ukrainian forces withdrew from the small Donbas salt-mine town of Soledar: the first notable settlement Russia has gained since early July last year. But this was a pyrrhic victory achieved at enormous cost and resulting in several thousand casualties. Human wave attacks were deployed to secure a ruined town inhabited by just 500 people. It underlines the Kremlin’s callous attitude to dehumanise not only its opponents but its own troops, who are quite simply regarded by the Kremlin as dispensable cannon fodder. In recent days, a force of Russian naval infantry further south has also been attempting to make gains near the central Donetsk Oblast town of Vuhledar, south-west of Donetsk city. It is another case of Groundhog Day. Russia makes creeping gains but simply lacks the capability to achieve its strategic goals.

Intriguingly, the Wagner paramilitary group, bolstered by the mass deployment of at least 40,000 convicts, has been prominent in many of these recent manoeuvres. The extraordinary expansion of this group, and the corresponding increase in its public profile, raise interesting questions about the current nature of the Russian state. Wagner founder Yevgeny Prigozhin continues to indulge in the most direct criticism of his military counterparts. It is difficult to imagine that this tension will not implode sooner or later. In a sense, tracking the implications of this war on the dynamics of Moscow’s power structures is as important as following the events on the front line.

For all Russia’s recent tactical advances, winter has imposed an effective operational stalemate in the active areas of the Ukrainian front line. Both sides are now bogged down in attritional warfare that has more in common with World War One. Military casualties on both sides have been high, with each side struggling. We are seeing a Russian security apparatus that is increasingly factional and overstretched. It is highly unlikely that the hundreds of thousands of mobilised reservists have been formed into cohesive formations capable of major offensive manoeuvre operations. None the less, with spring around the corner, there are signs that President Putin is amassing his forces in preparation for a surge in the coming weeks. Oleksii Reznikov, Ukraine’s Defence Minister, believes that Russia is planning a major offensive to coincide with the one-year anniversary of the war in Ukraine on 24 February. In other words, President Zelensky and the Ukrainian armed forces require the support of their friends in the international community more than ever.

One thing is clear: the UK will remain at the forefront of that effort. It is worth perhaps a brief summary of how we have led so far. Like many, we were taken aback by President Putin’s actions on 24 February 2022, but we were not unprepared. Indeed, since 2015, we had trained more than 22,000 Ukrainians through Operation Orbital following the annexation of Crimea. As soon as Russian boots touched Ukrainian soil, we were again determined to lead the international response. The UK was the first European country to provide Ukraine with lethal aid to help stall the Russian advance. To date, we have donated thousands of short and long-range missiles, Stormer vehicles fitted with Starstreak missile launchers, and multiple launch rocket systems capable of striking targets up to 80 kilometres away with pinpoint accuracy. Last month, we led the world by providing modern main battle tanks to Ukraine.

I know that many noble Lords today will wish to know about the effect of these donations on our own supplies, so it is worth noting that even as we gift capability, we are seeking to restock and replenish. We are reviewing the number of Challenger 3 conversions to consider whether the lessons of Ukraine suggest that we need a larger tank fleet. We are accelerating the Army’s Mobile Fires programme so that, instead of delivering in the 2030s, it will do so earlier in this decade. Subject to commercial negotiation, an interim artillery capability will also be delivered. Furthermore, we are commissioning the backfilling of 155-millimetre artillery shells. In November, we signed a contract for high-velocity anti-aircraft defence missiles to replace the ones we had gifted. On top of that, in the Autumn Statement there was a £560 million increase for our own stockpiles.

Ours is a calibrated response—one that is necessitated by Russia’s growing aggression and indiscriminate bombing, but also intended to act as a force multiplier. The UK’s announcement generated unstoppable momentum, with countries following our lead to pledge main battle tanks to Ukraine. Germany’s decision to send Leopard 2 tanks and the United States’ to send Abrams tanks, coupled with the pledges of Poland, Spain, Canada and France, have enabled us to send a unified signal to Moscow that is more important than any individual contribution. It is a signal that says no one is acting unilaterally and that we are united in helping Ukraine to defend its land and evict the illegal invader.

Let us be clear: in 2023, the UK’s support to Ukraine will remain unwavering. We have already committed to match the £2.3 billion in military aid we spent last year. Yesterday the Prime Minister went further still, not just expanding our training offer for Ukrainian troops to include fighter jet pilots—enabling Ukrainian aviators to fly sophisticated NATO-standard fighters in the future—but offering to provide Ukraine with longer-range capabilities to inhibit Russia’s ability to target civilians and critical national infrastructure while also relieving pressure on Ukraine’s front lines.

Make no mistake: we will continue to use our influence and convening power to keep that global support solid. Once again, we are joined in this great endeavour by our friends in the United States. They have invested approximately $24.2 billion in support for Ukraine since the beginning of Russia’s invasion. They have delivered thousands of anti-aircraft and anti-armour systems as well as Patriot air defence battery and munitions, refurbished T-72B tanks and Bradley infantry fighting vehicles. As an aside, the other week I met a group of American congress men and women, and I can tell your Lordships that the US absolutely approves of what we are doing. They pointed out to me that in their country those tempted to think that this was a remote European issue have been given a wake-up call. They now understand how the conflict can reach them, not just in the form of hostile aggression but through its wider impacts, including economic fluctuations, energy shocks and cost of living crises.

Many other allies are part of the broad pro-Ukraine coalition. On 19 January, the United Kingdom—alongside Estonia, Poland, Latvia and Lithuania, and the representatives of Denmark, the Czech Republic, the Netherlands, and Slovakia—signed the Tallinn pledge to collectively pursue

“the delivery of an unprecedented set of donations including main battle tanks, heavy artillery, air defence, ammunition, and infantry fighting vehicles to Ukraine’s defence”.

Separately, our international fund now stands at over £500 million. Sweden, the Netherlands, Norway, Denmark, Lithuania and Iceland have donated generously, and we shall soon be announcing the first round of bids.

However, our efforts are not confined to supplying aid or raising donations. The United Kingdom will continue to demonstrate global leadership by hosting both the international Justice Ministers conference on war crimes in March and the Ukraine recovery conference in June. We are playing a critical role in training Ukrainian forces too. Besides teaching Ukrainian tank crews how to operate Challenger platforms and how to fight as a formed unit with those tanks, we are providing specialist basic training to Ukrainian recruits. I went to see that happening last week. It was a privilege to be there; it was both inspiring and humbling. The training is excellent and the Ukrainians receptive, quick to learn and agile. So far, we have trained more than 10,000 Ukrainian personnel in the UK. This year, we are doubling down on that success by increasing the number to a further 20,000. If noble Lords want an illustration of international solidarity with Ukraine, they should just consider our partners in this extraordinary training effort: Australia, Canada, Denmark, Finland, Sweden, Lithuania, Norway, New Zealand and the Netherlands.

President Putin’s flagrant breach of international law has forced us to come to terms with a new reality. It has brought the resurgence of state aggression into sharp relief. For the first time since World War II, we have seen the manifestation of an illegal land-based war in Europe: a desperate attempt by one nation to conquer another country’s sovereign territory. However, there have also been a number of other interesting outcomes that President Putin certainly did not foresee, because the 2020s have not proved a mirror to the 1930s. Nations have not been cowed or coerced into staying silent. President Putin wished for a weaker NATO, but NATO is more solid and more determined and—with the anticipated accession of Finland and Sweden—even stronger. Indeed, we will continue to do all we can to ensure that the final hurdles are removed to allow their swift entry into the alliance.

It is equally striking how nations outside NATO’s orbit have also come to the same conclusion: that their interests align and that they too have a role to play in defending international order. Notably, the United Kingdom has once again been instrumental in bringing northern European neighbours together in solidarity under the auspices of the Joint Expeditionary Force, ensuring a steady supply of lethal and non-lethal aid to sustain Ukrainian resistance.

Back on the home front, we now have a clearer picture of the more serious threats and a renewed understanding of the significance of traditional war-fighting capability. We are planning to refresh our 2021 integrated review and Command Paper. This will be an important opportunity to address the hollowing-out of our land capability over many years under successive Governments, to restore our combat credibility, to rebuild our land industrial base and to modernise the whole of defence to confront the threats of tomorrow.

Kremlin propagandists will inevitably paint any support for Ukraine as an attack on Russia, so-called NATO-orchestrated aggression, or even a proxy war. For the avoidance of doubt, the escalation is not happening today. It started in February 2022, when the Russian Government chose to invade Ukraine illegally to pursue their vain imperialist dream. No one who watched President Zelensky give his stirring address in Westminster Hall yesterday can fail to have been impressed by his courage, his indomitable spirit and his powerful conviction that, in his words,

“bravery takes you through the most unimaginable hardships to finally reward you with victory”.

He and his people are an inspiration, and in 2022 they achieved impossible things; but the reality is that bravery and heroism will not be enough against Russia. Ukraine needs its friends to continue upping their support, which is why, in 2023, as the Prime Minister has said, we must seize the opportunity to accelerate our support for Ukraine before Russia tries to recover its equilibrium.

Putin hopes to wear down the West. He hopes our unity will fracture. He hopes we will seek a rapid return to the status quo. However, history has already taught us that you can never let wrong go unpunished because, if you do, you do not know where that wrong will end up. Therefore, we must show the Kremlin the error of its ways, working with our international partners to aggregate our military muscle and diplomatic clout. We must do all in our power to help brave Ukrainians expel Russia from their sovereign soil. Ultimately, as President Zelensky put it so eloquently yesterday, Russia must lose so that freedom will win. I beg to move.

Integrated Review: Update

Baroness Goldie Excerpts

Tuesday 31st January 2023 Lords Chamber

[Lord Coaker]

To ask His Majesty’s Government what progress they have made with the update to the 2021 Integrated Review of Security, Defence, Development and Foreign Policy.

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

My Lords, Defence is supporting the refresh of the integrated review. We must ensure that the UK remains ready to deter adversaries in the new era of strategic competition. Taking lessons learned from the past year, we will continue to modernise, build resilience and promote prosperity both domestically and across our global partner network. Any specific policy changes will be determined once the update to the integrated review is concluded. We expect this work to be completed ahead of the Treasury’s Spring Statement.

[Lord Coaker (Lab)]

My Lords, at the weekend a senior US general said that the British Army was no longer a top-tier fighting force. Yesterday the Defence Secretary said:

“I am happy to say that we have hollowed out and underfunded” —[Official Report, Commons, 30/1/23; col. 18.]


in reference to troop and spending cuts. Does the Minister agree with the Secretary of State? Is that really a summary of the Government’s policy? Will the update of the integrated review see an end to this policy, or will it continue?

[Baroness Goldie (Con)]

The 2021 integrated review and defence Command Paper highlighted that we must focus on capabilities rather than troop numbers per se. Through Future Soldier, the Army will have a whole focus of over 100,000, comprising 73,000 regular service personnel and 30,100 Army Reserve. However, the noble Lord made an important point about hollowness. Over time and under successive Governments, there has been underinvestment in our land capability requirements. We have recognised that and set out a plan. Future Soldier is part of that. We have published an equipment plan of £242 billion over 10 years, and the Army’s proportion of that is £41 billion, covering, for example, Challenger 3, Boxer and Ajax.

I remind the noble Lord that this Government were responsible for a record-breaking finance settlement for defence—the biggest since the Cold War—and it should be acknowledged that we have made a serious attempt to try to redress the hollowing-out process over many years.

[Lord Stirrup (CB)]

My Lords, whatever the fresh defence Command Paper has to say, it will be of value only if the Government strike an appropriate balance between ambition and resource. The Minister keeps referring to the largest spending increase on defence since the Cold War. Since virtually all spending reviews since the Cold War have meant a reduction in defence expenditure, that is not a very high bar to clear. Will the forthcoming spending review support the defence Command Paper or undermine it?

[Baroness Goldie (Con)]

The noble and gallant Lord may consider that it is not a very high bar, but it is higher than any of the other bars that have been set, and the facts speak for themselves. He will be aware that the challenge for defence is that we have to balance the operational and remote resource demands of today with the overarching vision to modernise to meet the demands of tomorrow. In the MoD, we are confident that we can reconcile these conflicting tensions.

[Lord Robathan (Con)]

My Lords, will my noble friend go back to the department and tell our right honourable friends the Secretary of State and the Minister for the Armed Forces that it is very welcome that they have expressed the views they have in the last couple of days, realising what a sad state the Army is in. I hate agreeing with the Labour side, but we do know that a great deal more money needs to be spent on defence.

[Baroness Goldie (Con)]

My noble friend will have heard me say to the noble Lord, Lord Coaker, that neither I nor my ministerial colleagues deny that a challenge has confronted our land capability—a challenge spread over many years and created under successive Governments. We are cognisant of that and are doing what we can within the MoD to address it.

[Baroness Smith of Newnham (LD)]

My Lords, following a theme that has been echoing around the Chamber, will the Minister say what assessment the MoD and His Majesty’s Government have made of the fact that the IMF is predicting a recession in the United Kingdom? Given the nature of inflation and the unpredictability of the exchange rate, what impact is there likely to be on defence capabilities? In the light of all those things, is it not time to move beyond percentages of GDP as targets for defence expenditure and towards a real focus on actual capability and what the UK can deliver?

[Baroness Goldie (Con)]

The noble Baroness will be aware that a percentage of GDP is the model that has been adopted increasingly by other states in consequence of the approach that the United Kingdom has taken to defence expenditure. In relation to current expenditure, the noble Baroness is right that we face challenges of inflation and fluctuating currency, but we have been able to make greater use of index-linked fixed price contracts, and we use pricing mechanisms where inflation risk sits with suppliers. Indeed, that has prevented higher prices being passed on. We also have forward purchasing of fuels, utilities and foreign exchange—all of which mitigates the corrosive impact of inflationary pressures.

[Lord West of Spithead (Lab)]

My Lords, no matter how it is dressed up, it is quite clear, because even the Government have admitted it—the Secretary of State has admitted it—that we have underfunded our Armed Forces and they are hollowed out. Will we ensure that all three services have an increase in spend? For example, although there is a lot of talk about the Army, when one looks at undersea cables and the huge growth in the Russian submarine force, there is no doubt that there is a maritime threat as well. All three services must be looked at, and there is an absolute need to invest now.

[Baroness Goldie (Con)]

I hold the noble Lord in very high regard, but I do not hold the purse strings of government. However, he sends a consistent message, and I am sure that it is resonating beyond this Chamber.

[Lord Udny-Lister (Con)]

My Lords, the integrated review quite rightly makes the point that international agreements are key, and we are a member of the Five Eyes. As we make a greater tilt to the Far East, can the Minister assure us that there is some consideration of increasing the Five Eyes to include Japan?

[Baroness Goldie (Con)]

I say to my noble friend that I obviously cannot be specific. Five Eyes is a very important collaboration, and it is relevant to our activity in the Indo-Pacific area. My noble friend makes an interesting suggestion. We already have a good bilateral defence and diplomatic relationship with Japan, but I listen with interest to what he says.

[Baroness Stuart of Edgbaston (CB)]

My Lords, there is a legitimate focus on land capabilities, but I return to the question raised by the noble Lord, Lord West. We are a maritime power, and it has been our ambition to be a world-leading one. We should not overlook the threat in the Baltic and North Atlantic, which contribute to the security not just of the UK but of northern Europe.

[Baroness Goldie (Con)]

I reassure the noble Baroness by referring her to the ambitious shipbuilding programme for the Royal Navy. We are watching with interest the emerging development of the Type 26 on the Clyde and the Type 31 at Rosyth. Of course, the fleet solid support ships were recently announced; they will involve Harland & Wolff and will be built principally in Belfast. But the noble Baroness is quite correct: we are a maritime nation, we realise that and I think she will agree that there has been a very healthy investment in our maritime capability.

[Lord Campbell of Pittenweem (LD)]

My Lords, are the Government not embarrassed that they have had to admit to our closest ally, the United States, that the British Army can no longer put a fully equipped armoured division in the field? If they are not embarrassed, they should be.

[Baroness Goldie (Con)]

The noble Lord will understand that, in this day and age, we cannot look at one aspect of capability on its own—that is not how we deal with and address threats now. The key to how we operate is, first, co-operation with allies; it is also agility in how we respond and making sure that we have the technology and equipment to respond. Although there is no denying—and I have not attempted to deny—that we have seen a hollowing out of our land capability over some decades, it would be quite wrong to give the impression that MoD in the UK does not have a very solid capability: we do. It is important, particularly having regard to the instability in other parts of the world, that we do not talk down our Armed Forces, not least for the morale of the men and women who serve so bravely in them.

[Lord Anderson of Swansea (Lab)]

My Lords, since publication two years ago, surely there has been a major global change—namely, the illegal invasion of Ukraine. Is not one of the lessons of those two years that we should concentrate more on European defence and give up the illusion of a greater tilt to the Indo-Pacific?

[Baroness Goldie (Con)]

We do concentrate on Euro-Atlantic security, and the swiftness with which we responded—indeed, led the response—to the illegal invasion of Ukraine is tangible evidence of that. But I agree with the noble Lord: the threats that we face nowadays are multifaceted, and it is important that we devise a capability that can respond to the character of that new threat. The noble Lord will be aware that we are dealing not just with traditional land, sea and air domains; we now deal with space, cyber and electro- magnetic domains. It is a complicated world in which we live.

Armed Forces: Resilience

Baroness Goldie Excerpts

Thursday 26th January 2023 Lords Chamber

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

My Lords, I pay tribute to my noble friend Lord Robathan for enabling this important, constructive and certainly timely debate. There are surely few places in our country, outside of MoD headquarters, that are likely to boast as much defence expertise and experience as is gathered here under one roof.

I thank all who have spoken, including former Defence Ministers and former heads of our armed forces; every contribution has added an extra dimension to our understanding of the grave issues we are facing. Among those contributions, we were privileged to hear the maiden speeches of the noble and gallant Lord, Lord Peach, of Grantham, and my noble friend Lord Hintze. I think your Lordships would agree that the calibre of their speeches whets our appetite for hearing much more from them, and sooner rather than later.

With the benefit of hindsight, it is inevitable that there will be those who argue that the Command Paper, Defence in a Competitive Age, released in 2021, is effectively obsolete following President Putin’s decision to invade Ukraine illegally. However, the main thrust of that document was correct, and it remains so today, because it identified Russia as our most acute threat. It noted that we are living in a more adversarial, multipolar and transactional international era. It committed the United Kingdom, despite tough economic times, to maintain its position as a leading NATO partner in Europe. Indeed, combined with the biggest increase in defence spending since the end of the Cold War, it set a tone that other nations would later follow in the wake of the Ukraine invasion.

It is also fair to say that the Command Paper did not anticipate, as no nation did, the sheer speed of change, nor did it predict how the impact of Russia’s invasion would send shockwaves around the world, impacting global energy and global food supplies and precipitating a severe financial crisis. Separately, we are also aware that China is watching events closely as it escalates tensions with Taiwan, while states such as North Korea and Iran continue to pose complex regional challenges. Violent extremism has not gone away; terrorists continue to stoke the fires of instability across Africa.

So in this age of constant competition, the open international order on which our values have come to depend is under threat as never before—all that while rising costs are putting a sustained squeeze on defence budgets. Resilience has rocketed to the top of our agenda, and, in the short term, our first priority must be to continue to help Ukraine win back its sovereignty—I reassure my noble friend Lord Robathan and the noble Lord, Lord Robertson, on that.

In the past few decades, war has only been a theoretical possibility, but now conflict is actually taking place on this continent. We should be crystal clear—the Lord, Lord Robertson, painted this in stark terms—that our safety and that our allies depend on Ukraine winning and Russia losing. Since the start of the conflict, the United Kingdom has been a leading supporter of Ukraine. We were the first European nation to supply it with lethal aid, providing £2.3 billion of military support and £20 million of humanitarian assistance in 2022. Already in 2023, we have committed to repeating that £2.3 billion of support, and we have underlined that we are in this for the long haul.

Recently, my right honourable friend the Secretary of State for Defence has announced that we will send Ukraine a squadron of Challenger 2 tanks with armoured recovery and repair vehicles, as well as AS-90 guns, more uncrewed aerial systems, more ammunition and another 600 Brimstone missiles. That package is designed to help Ukraine to go on to dominate the battlefield and to move from resisting to expelling Russian forces from Ukrainian soil. However, while the tanks and guns are coming directly from our stocks, a significant number of the other donations are being purchased on the open market or supportive partners. Indeed, we continue to play a leading role in hosting and participating in donor conferences to encourage other nations to keep supplying Ukraine with the support it needs. Last week’s Ramstein conference, for instance, was another opportunity to galvanise western support, with a number of significant pledges made. In particular, I laud and thank Germany for its recent decision to send 14 Leopard 2 tanks to Ukraine and to authorise partner countries to send theirs in turn. That is a historic move, which we hope will have a decisive impact.

It is also vital to ensure that we act rapidly to replace the capabilities we lose; this point was raised by a considerable number of your Lordships. In December, the Defence Secretary announced a £229 million order for thousands more anti-tank weapons to replenish our stockpiles. Even as we give Challenger 2 tanks, we will be reviewing the number of Challenger 3 conversions following early lessons from Russia’s invasion of Ukraine.

We will also build on the Army’s modernisation programme under Operation Mobilise. The Army will accelerate its modernisation, the rebuilding of its stockpiles and the delivery of new tools, including Long Range Precision Fires and electronic warfare. Specifically on artillery, the Defence Secretary has announced the acceleration of our Mobile Fires Platform programme. It was earmarked for delivery in the 2030s. That will now happen earlier and, subject to commercial negotiation, an interim artillery capability is to be delivered.

Beside the short and medium term, we are giving thought to our longer term resilience. The mantra of the Defence Secretary throughout his tenure has been that as threats move, we must move to meet them. The aim at the heart of the Command Paper was to create leaner and more agile Armed Forces, which could be adapted to meet threats as they arise. Today we have a clearer picture of the more serious threats, as well as a renewed understanding of the vital importance of traditional war-fighting capability. That is why in the next couple of months we will refresh the integrated review and Command Paper.

One would have had to be dwelling in outer space during this debate not to hear the recurring theme, which I noted characterised every contribution. That, of course, is in relation to resource. I thought that it might be helpful just to provide a bit of backdrop. The Government recognise the vital importance of defence, as our record investment in 2020 and our unwavering support for Ukraine have shown. The 2022 Autumn Statement reconfirmed the Government’s commitment that defence spending will not fall below 2% of GDP, and the Government recognise that further investment in defence will be required to meet the threats that we face and will consider that as part of the integrated review refresh.

In the 2020 review, when the MoD secured a £24 billion uplift in cash terms to its budget over four years to increase defence spending, that was the biggest investment in the UK’s Armed Forces since the end of the Cold War. I have no doubt that a number of the distinguished contributors to this debate will reflect that, in their time of being in senior office, they might have wished that that facility had been offered to them. Our defence budget is currently the largest of any European ally. With that uplift of £24 billion in cash terms over four years, our participation in every NATO operation and mission and our declaration of the UK’s nuclear deterrent to the allies, the UK will remain NATO’s leading European ally.

I listened very carefully to noble Lords’ observations. The defence Command Paper is ordered by the Secretary of State for Defence; it recognises what we need to do, responding to the changing threat environment and how we propose to do it. I have heard the explicit and clear messages: from my noble friend Lord Robathan, that “hard power is necessary”; from my noble friend Lord Hintze, that “soft power without hard power is no power at all”; from the noble Lord, Lord Robertson, that we must “restore hard power”; and from the noble and gallant Lord, Lord Stirrup, that “size of capability does matter, and more resource is needed”. The noble and gallant Lord added, colourfully, that there are no parsnips. There may be no parsnips, but I think that there are other vegetables in the larder worth mentioning. He is aware of the very solid investment programme and of really exciting opportunities for our three Armed Forces.

I was interested in the relatively sparse reference made in the debate to the critical domains of cyber and space. One of the absolutely fundamental tasks that the MoD is undertaking is that we have the digital backbone and we are recognising the need to respond to and be part of this digital age. We are engaged with our Cyber Defence Academy, and we are taking the steps that we need to take to ensure that in these new and for many people unfamiliar domains we are in there with our allies and partners, understanding what they mean, recognising the threats that they may pose but also exploiting the opportunities that they offer.

I listened with particular interest to the ideas from the noble and gallant Lord, Lord Peach, for the Baltic and far north, and expanding the JEF. I am sure that that is a view that will resonate within the MoD.

The noble Lord, Lord West, repeated the plea for more resource, as did the noble and gallant Lord, Lord Craig of Radley, and my noble friend Lord Attlee. The noble and gallant Lord, Lord Houghton, referred to a communication that he had previously issued in his “clearest Yorkshire”. Let me reassure him today that I hear his clearest Yorkshire message. The noble Lord, Lord Empey, reprised the theme, as did the noble Lords, Lord Bilimoria and Lord Alton. It was also reaffirmed by the noble Baroness, Lady Smith, and the noble Lord, Lord Tunnicliffe. So I do not think that there is any doubt about the consistency, constancy and unanimity of the message coming from your Lordships. It is my job to ensure that it is relayed to where it matters, and I undertake to discharge that responsibility.

With reference to the integrated review and Command Paper, noble Lords will understand that I am not at liberty to pre-empt any potential announcements, but it would not be giving away any trade secrets to say that this will be an opportunity to create a credible and sustained force—a force ready for strategic state competition sooner, leveraging integration to make best use of our assets, and credible in our ability to deter our adversaries and respond to threats. It will also be about ensuring that we have the agile Armed Forces that we need for our brave men and women. I reiterate the sentiments expressed by the noble Lord, Lord Bilimoria, the noble Baroness, Lady Smith, and others. Our personnel, our Armed Forces men and women, are our most precious asset; we know that and we do value it. We acknowledge that there have been challenges for them; we are cognisant of the challenges and are constantly trying to find ways of addressing them.

In relation to service family accommodation, your Lordships will recall an earlier statement on that—I think it was the day before we broke up for Christmas Recess. I think that I was able to reassure your Lordships that there has been seismic change in how we are offering helplines and immediate and swift support, and taking steps to relocate personnel if accommodation is not habitable.

We need to be sure that we can deploy at pace to a range of threats and seamlessly transition between operating and fighting. Critically, the review and the Command Paper will be about creating a truly global force, collaborating alongside allies and partners to better counter threats and lever our economic, diplomatic and military might to pack a greater combined punch.

Let me now deal with some of the specific points raised by noble Lords. My noble friend Lord Attlee raised the matter of deployable divisions. My understanding is that, as directed in the defence strategy and defence plan of 2022, we have two deployable divisions: 1st (United Kingdom) Division, which provides a wide range of capabilities at home and overseas; and 3rd (United Kingdom) Division, which is the Army’s primary armoured war-fighting division. War-fighting capability, let me reassure noble Lords, remains the cornerstone of deterrence and the bedrock of a world-class British Army. I just want to reassure my noble friend Lord Robathan and the noble and gallant Lord, Lord Stirrup, on that.

Noble Lords will also be aware of the Future Soldier programme, which set out an exciting future for the military and a recognition that we are not necessarily dealing with mass numbers of people, but working out how, by combining the skills of our people with the technological advances we now have, we can do things better with fewer people and do them more safely. Very often, we can use technology to deploy in operations where people previously were at risk; with the deployment of technology, that risk disappears.

The noble and gallant Lords, Lord Stirrup and Lord Craig of Radley, my noble friend Lord Robathan, the noble Lords, Lord West, Lord Tunnicliffe and Lord Robertson, and the noble Baroness, Lady Smith, all raised the issue of replenishment. In relation to replenishing stocks, the Ministry of Defence continually manages and reviews its stocks of weapons and munitions and these considerations inform what we give in kind to the armed forces of Ukraine. There are regular strategic supplier conversations throughout the ministry and we regularly fully engage with industry, allies and partners to ensure that all equipment and munitions granted in kind are replaced as expeditiously as possible. We are absolutely clear that we will never go below the safe line that we require for the security of our own nation.

A number of noble Lords asked specifically what we have been ordering. I can confirm that a number of substantial contracts have already been placed to directly replace our stockpiles. These include the replacement of the Starstreak high-velocity missile and the lightweight multirole missile. The next generation of light anti-tank weapons, NLAWs, are currently being built, and several hundred missiles will be delivered to UK stockpiles from 2023 onwards. A contract for further NLAWs was signed on 7 December 2022.

A number of noble Lords, particularly my noble friend Lord Robathan, the noble Lord, Lord Bilimoria, and the noble Baroness, Lady Smith, raised the matter of accommodation. As I said earlier, we are very cognisant of this. We have made investment and have developed structures so that nobody in our Armed Forces suffering unacceptable conditions should be left without help or a source of advice. I cross-examined officials to be sure that that is a robust system and was assured that it is.

I have some figures on recruitment, but in the interest of time I am going to offer to write to those noble Lords who raised issues of recruitment and, under that, I shall deal with the issue of reserves that the noble Lord, Lord Alton, raised. There is perfectly positive and, I think, encouraging information in there.

The noble Lord, Lord Robertson of Port Ellen, and my noble friend Lord Attlee asked for a debate in this House. I am very pleased to be able to confirm that that debate will happen on 9 February. It has probably not yet been tabled in the bulletin of parliamentary business, but noble Lords can look forward to the perhaps dubious pleasure of me opening it and my noble friend Lord Ahmad of Wimbledon winding it up.

On dealing with propaganda and misinformation, an issue of concern and interest to the noble Lord, Lord Robertson, we have used our own intelligence, in conjunction with the United States and the armed forces of Ukraine and Ukrainian intelligence sources, to start being a little more free handed about disclosing intelligence. We think that is the best way to neutralise the poison of lies and misinformation, and it has proved to be very effective. In a previous debate, I referred noble Lords to a recent survey that had been carried out in Russia. It indicated that public support for the war is dropping in Russia, and that is very welcome.

On defence resilience and industry, which concerned many noble Lords, not least the noble and gallant Lord, Lord Stirrup, along with a number of others, we have made major changes within defence. If we work on from the Defence and Security Industrial Strategy, published in March 2021, as a step change in our approach to industry, we now think about defence industries as strategic capabilities in their own right. The noble and gallant Lord is quite correct: we cannot do this on a feast and famine basis. That was something we discovered with shipbuilding. In fact, the national shipbuilding strategy, refreshed recently, has been very much welcomed by the shipbuilding industry, because it is giving it predictability, visibility and a sense of what lies ahead in the future. The noble and gallant Lord is quite correct that that is what we want to achieve across our relationship with industry.

The noble Lord, Lord Bilimoria, raised issues about our Armed Forces people. I absolutely emphasise how important they are. He asked about veterans, as did the noble Baroness, Lady Smith. I can confirm that we now have a Minister for Veterans, Mr Johnny Mercer; we have an Office for Veterans’ Affairs; and very recently, in the Armed Forces Act, we had explicit provisions for the first time in relation to the covenant, to introduce a new legal duty in relation to health, housing and education. When these services are sought, wherever they are being sought, by veterans throughout the United Kingdom, there will be better support, making sure they can get the services they need.

The question of whether we can do more for Ukraine was on the minds of many noble Lords. I reassure them that we work closely with the armed forces of Ukraine. We analyse with them what they think their needs are, and I have said before in this Chamber that we do not do that in a silo of our own: we consult with our allies and partners so that we ensure that our singular contributions achieve the best aggregate output in terms of impact and effect. I reassure the noble Lord, Lord Alton, that the Indo-Pacific tilt is still a very important part of HM Government strategy. That is exercised through various conduits, including diplomatic and trade engagement, and of course defence is an essential part of that integrated offer to the region.

I am slightly over my time, but this has been such an important debate. I thank your Lordships for your indulgence and draw my remarks to a conclusion by saying that we are, in Defence, changing and adapting, we are learning from the lessons of Ukraine, and we are doing everything we can to ensure that we support Ukraine to secure victory, and ultimately build up a more robust resilience so we are ready for whatever strategic threat comes next. On the broader front of our defence capability in the present and the future, my right honourable friend the Secretary State for Defence has a reputation for honesty, tenacity, bluntness and leadership, and he will be a doughty advocate for Defence in his engagement with the Prime Minister and the Treasury. In that endeavour, he will certainly have an important weapon at his disposal: the contributions of your Lordships to this debate, a cogent augmentation of MoD arguments for which I thank your Lordships profoundly.

[Lord Tunnicliffe (Lab)]

Before the Minister sits down, could I urge her, in this electronic age, to copy any letters to everybody who has participated in the debate?

[Baroness Goldie (Con)]

I will be delighted to do that. As your Lordships will have realised, such was the breadth and scope of questions that I could not possibly address them all in this debate, but I will certainly look at Hansard and undertake to deal with as much as I can by correspondence, and that will be placed in the Library, probably in electronic form, for access by anyone who wants it.

Ukraine: Update

Baroness Goldie Excerpts

Thursday 19th January 2023 Lords Chamber

[Baroness Smith of Newnham (LD)]

My Lords, as usual on matters of defence and in particular Ukraine, from these Benches I fully support the words of the noble Lord, Lord Coaker. These Benches also support what the Government are trying to achieve in Ukraine.

The Secretary of State for Defence has again given a very considered Statement to the other place. We should be grateful for the fact that he has been in post now for a considerable amount of time. He has not been one of the Ministers subject to repeated rotations. That is important, because we need to send the right messages—not just to Ukraine, the Ukrainian Government and the Ukrainian people but to Vladimir Putin and Russia—that we are standing shoulder to shoulder with Ukraine in its battle for its independence and sovereignty.

First, I note the helicopter crash yesterday and the loss of the Interior Minister, the Deputy Interior Minister and others from Ukraine since the Statement was given in the other place. I send sincere condolences to their families, and to the Government of Ukraine, whom I hope will be able to find worthy replacements in the interior ministry, because it is important that the Government of Ukraine can continue to defend themselves and their country as effectively as they have been doing for the past 11 months.

I very much support the suggestion from the noble Lord, Lord Coaker, that we should have a full debate on Ukraine. We are coming up to the first anniversary of the invasion, and I wonder whether the usual channels could consider having a full debate, perhaps as soon as we come back after the half-term recess.

The noble Lord, Lord Coaker, raised questions about what is happening with supplies of food and energy. I noted in the Statement that the Secretary of State talked about the importance of

“collective efforts diplomatically, economically and militarily.”

As one might imagine, much of the Statement is about the military support that His Majesty’s Government propose to give. I realise that this is not quite the Minister’s remit, but could she tell the House whether there are any further moves for co-operation and co-ordination in economic and diplomatic sanctions and other activities to reinforce our commitment to ensuring that Russia understands the strength of western feeling on these matters?

The noble Lord, Lord Coaker, asked about the tanks we are proposing to send. In addition to the question of the location of the tanks, one of the other questions we need to think about is what availability of equipment His Majesty’s Government have. The Hansard recorders and the Minister will probably think, “Oh, no, does Baroness Smith of Newnham really have to ask this question again?” But I think I do, because we are 11 months into this war and our support for Ukraine. Can the Minister advise the House, not on specific negotiations that would breach commercial confidentiality, but on what work His Majesty’s Government are doing with suppliers, particularly small and medium-sized enterprises, to ensure that supply chains are in place? It was one thing in February and March 2022 to say, “We will support Ukraine. We will supply artillery” and so on and so forth. But, 11 months on, are His Majesty’s Government really sure that the UK has the supplies that we need and that in the pipeline for 2023, 2024 and 2025 we have the capabilities? We support the acceleration of support for Ukraine, but the Government need to be very clear that they have in place equipment and supply chain availability to ensure that we can keep the commitments that we are making. They are the right commitments, but we need to be able to deliver.

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

I thank the noble Lord, Lord Coaker, and the noble Baroness, Lady Smith, for their helpful comments. As I have said before, that unanimity of political support in the UK is really important. It has been commented upon to me, and it sends out a very significant message, so I wish expressly to thank both noble Lords for their contributions.

On the latest situation in Ukraine, noble Lords will be aware that the announcement made by my right honourable friend the Secretary of State in the other place on Monday reflected a very significant augmentation of everything we have been doing. In fact, as I prepared to address the House on the Statement, I looked at the list of equipment, ammunitions, help and provisions, and I thought it might be useful if we managed to produce some kind of summary of everything that has been produced, because in aggregate it is a fantastic amount. With the help of not just the UK but our partners and allies, we have in aggregate produced something really substantive that has absolutely put energy in the Ukrainian armed forces to defend their country and take forward courageously the difficult and deadly fight in which they are engaged. There is no doubt that, by listening to their needs and requests and assessing their intelligence, our intelligence and United States intelligence, we have been able to respond very positively to those needs.

Very importantly, because a request was made for co-ordination, what exactly is happening? I remind the Chamber of what I alluded to yesterday, which is that there is a NATO CHODs meeting yesterday and today, where we are represented by the Chief of the Defence Staff. The Secretary of State is currently in Estonia, at Tapa, and tomorrow there will be the donors conference being convened by the United States in Ramstein, which will be attended by the Secretary of State and the Chief of the Defence Staff. These fora illustrate the extent to which everybody is speaking to one another. There is a very fluid dialogue going on, and if you marry that into structures that have been put in place, such as the international donor co-ordination centre and the international fund to help Ukraine, I think noble Lords will understand that there is a really solid framework to support Ukraine in its endeavour to defend itself.

The noble Lord, Lord Coaker, asked specifically about the situation in Ukraine. As I think we are aware, it has been going through considerable challenge with the relentless and merciless onslaught from Russia. The nature of that onslaught is in itself interesting, because it suggests that Russia continues to be disorganised, in a sense. Its strategic aims are not clear. From the Russian end, I think the recent switch of commanding officer—the commanding officer has now been sacked and the original one brought back in—indicates that there is some disarray in Russia’s activity.

None the less, we can try to help on both the military front and the humanitarian front, and that is what we have been doing. I think Members are now pretty conversant with where we have got to on the military front and everything we have been offering. On the humanitarian front, Members will be aware that we have been a leading humanitarian donor, with a £220 million package of humanitarian aid, a fiscal support grant of around £75 million and a £100 million grant to support Ukraine’s energy security and reforms.

We have also been doing grant-in-aid medical equipment to the armed forces: ambulances, tourniquets, field dressings, individual first aid kits, medic packs and hospital consumables. We have used the conflict, stability and security fund to support payment of salaries to the Ukrainian armed forces. Over and above that, the Prime Minister confirmed in November that we would provide £12 million to the World Food Programme and £4 million to the International Organization for Migration to help meet some urgent humanitarian needs, particularly of course during winter. That funding will help provide generators, shelter, water repairs and mobile health clinics.

The UK has more than 350 staff in the region working on the response to the crisis—so that is no small amount of support. That includes humanitarian experts, and within the UK more than 70 staff are working on our humanitarian response. I think it is important to mention that the UK has matched pound for pound the public’s first £25 million for the Disasters Emergency Committee’s Ukraine humanitarian appeal. That is the UK’s largest-ever aid-matched contribution.

On more specific things, as Members will be aware, we have been trying to help with work to restore energy supply and with provision of generators. Very interestingly, we have been trying to help with an array of measures, not least the provision of some military equipment, to assist with de-arming equipment that has been left and also with minefield hunting, to try to identify where there are perils. That is all a very necessary precursor to trying to do anything in the rebuild sense.

In an earlier debate on Ukraine, the noble Baroness, Lady Stuart, brought to my attention the Wilton Park report in December, and I was very grateful to her. I commend this report to any of your Lordships who have not yet read it. It is a really interesting analytical and constructive suggestion as to how we may go forward with rebuilding the country.

The noble Baroness, Lady Smith, talked about the tragic helicopter crash yesterday. We were desperately saddened to hear about that, and our thoughts obviously go out to the families of all those affected by that tragedy, including the Minister and the other 14 people. Our thoughts are very much with the Ukrainian Government at this time. I have no further information about the crash, so I am unable to give your Lordships any more detail.

The noble Lord, Lord Coaker, asked me about the location of the Challengers. For security reasons, I cannot disclose that, but I can say that training has already begun. Somewhere in this voluminous briefing pack, I saw a reference to training starting as soon as the Ukrainian troops arrive in the UK. That is likely to be by the end of this month, which is quite encouraging. All the equipment that we have announced—the subject of this repeated Statement—will be operated by Ukrainian troops on the battlefield in the coming months. I cannot be more precise than that but I think your Lordships will understand that there is a mutual desire on the parts of both the UK and the Ukrainian Government to accelerate this as best we can.

The noble Lord, Lord Coaker, asked about the Prime Minister’s earlier reference to a review of what we have been providing. I think your Lordships will now understand that that was more a mechanical inquiry in order to be satisfied that what we have been providing has been used to good effect and is actually changing the dynamic of the conflict, which I think it is. The Prime Minister’s subsequent personal commitment to the new tranche of equipment bears testament to his resolve that the UK Government will stand shoulder to shoulder with the Government of Ukraine to support them in this conflict; there have been significant aid gestures from the United Kingdom since the Prime Minister talked of his review. The noble Lord raised that question with me earlier and I said to him that I saw nothing sinister or alarming about that; to me, it was just a routine check to make sure that we are providing the right things and making a difference.

The noble Lord also referred to the language used by my right honourable friend the Secretary of State when he talked about the war changing from resisting to expelling Russian forces. I have checked Hansard to see what he said. He was talking of Ukraine. He meant that Ukraine can go from resisting to expelling Russian forces from Ukrainian soil. We have always been clear that our defence policy is to support Ukraine in defending itself against this illegal aggression and to take whatever steps it needs, within international law, to repel that aggressor.

The noble Baroness, Lady Smith, asked about replenishment. I can provide some information that may be more specific than she thought I might be able to give her. We are fully engaged with industry. That is happening not just within the United Kingdom; it is happening across the piece with our NATO allies. As I said yesterday, none of this can be done in a silo. The United Kingdom cannot have a solitary conversation with a producer; we have to be doing it in tandem with our allies and partners to work out clarity on what is needed, who is going to provide it and when. So we are fully engaged with industry allies and partners to ensure both the continuation of supply to Ukraine and that all equipment and munitions granted in kind from UK stocks are replaced as expeditiously as possible.

Exact stockpile details are classified for obvious operational reasons so I cannot give further comment on that, but I can say to the noble Baroness that a number of substantial contracts have already been placed to replenish UK stockpiles directly. These include the replenishment of the Starstreak high-velocity, lightweight, multirole missile. I can confirm that the replacement next-generation light anti-tank weapons, NLAWs, are currently being built, and several hundred missiles will be delivered to UK stockpiles from 2023 onwards. A contract for further NLAWs was signed on 7 December 2022. I hope that reassures your Lordships that this is actively being engaged on.

I have tried to deal with the points that have been raised. I will check Hansard and, if I have omitted anything, I apologise and I shall write.

[Lord Robertson of Port Ellen (Lab)]

My Lords, I thank the Minister for repeating the Statement. Through her, I thank all those at the Ministry of Defence who are assisting Ukraine at this difficult time. The Ukrainians are defending themselves but, in defending their country and themselves, they are defending us as well. Vladimir Putin has made it clear that he is at war with the West and with us; we must take that extremely seriously.

The decision to send the Challenger tanks is a good one. I hope that it will put additional pressure on the German Government to release the Leopard tanks that other countries wish to give at present, so it is symbolically important too. I associate myself with what my noble friend Lord Coaker said: it is time that we had a full-scale debate in this House on this issue. We are at war. Vladimir Putin is at war with us and, in a wartime situation, we really need an opportunity for Parliament to say its word.

Finally, can I offer a suggestion to the Minister that she might take away? When the Prime Minister goes to Kiev, as he will and as he must, he should issue an invitation to the Leader of the Opposition to join him. It is extremely important that the Ukrainians and the Russians see that it is the British people who are fighting at present, not simply the British Government. I hope that she will pass that message on.

[Baroness Goldie (Con)]

I thank the noble Lord for his comments. The matter of a debate in this House was raised with me by someone from my own Benches yesterday. As I indicated, it is a matter for the Government Whips’ Office and the usual channels but I am sure that, if they pick up that there is an appetite for it, they will pay close attention. The noble Lord’s other suggestion is interesting. It is certainly something that I will take back and relay to the department. I do not know when the PM is next scheduled to visit Ukraine but I understand the point that the noble Lord makes.

[The Lord Bishop of Leeds]

My Lords, I endorse all that has been said thus far in strong support of the Government on this. First, the Minister gave us some details of how some of the armaments being given to Ukraine are being replenished. Have the Government made any assessment of what the head of the UK Armed Forces said recently about the impact on UK defence of the donation of tanks? Secondly, it is clear that Olaf Scholz is putting the onus of responsibility on to the United States—that is, if it will send tanks, the Germans will agree to Leopard tanks being sent. Are the Government putting pressure on the United States to do that?

[Baroness Goldie (Con)]

My understanding is that the United States has sent tanks. It has also sent Bradley vehicles. I think I am correct in saying that, in addition to the UK, France and Poland have sent tanks. As to what pressure we can bring to bear, the meetings to which I referred in my responses to the noble Lord, Lord Coaker, and the noble Baroness, Lady Smith, reflect exactly the comprehensive and high-level discussions that are taking place. Everybody is clear that we all have to pull together in support of Ukraine. There is no doubt that, if the Leopard tank could be part of the facility provided to Ukraine, that would be an important addition.

The right reverend Prelate also asked about existing capability in the UK. I will say just two things about that. We have a mixture of equipment that we have provided and, if we take the recent example of the Challenger 2 tanks, I can assure him that there will be no long-term capability gap. We currently have 227 Challenger 2 tanks; we are giving 14. We will operate 148 upgraded Challenger 3 tanks in future so this donation will not reduce the total number of tanks that the Army holds. As to the other equipment, munitions and related material that we have provided, we are very careful to ensure that it does not in any way imperil the capability that we need to protect the security of this country.

[Lord Anderson of Swansea (Lab)]

My Lords, those of us who have been sceptical about the Government’s pretention to leadership post Brexit must surely applaud their leadership in respect of Ukraine, particularly in the provision of tanks. Are we confident that the Ukrainians will have sufficient training to deal with these tanks in time for the anticipated Russian onslaught in the spring? What precisely is the position of Germany in respect of those countries that need its permission to supply the German tanks? I have one final thought: what do we now understand as the war aims of Putin? Are they limited to the four areas that he purportedly annexed in the past?

[Baroness Goldie (Con)]

Perhaps it is easier if I tell the noble Lord what I cannot reply to. I do not know what is in the mind of President Putin—does anyone? As to the attitude of Germany, I have said before that this is a subject of fluid discussion at these important fora, and that discussion is taking place as we speak. I very much hope that the force of that discussion will be to make clear the desire for the Leopard tank to be included in the facility being provided to Ukraine.

On training, I said in response to an earlier question that the UK will train Ukrainian detachments to operate all the platforms we donate. That will start as soon as Ukrainian troops arrive in the UK, which is likely to be by the end of this month. There is a mutual interest in making sure that training is conducted as effectively and swiftly as possible. The estimate is that the equipment we are announcing will be operated by Ukrainian troops on the battlefield in the coming months. I obviously cannot be more specific than that.

[Lord Swire (Con)]

I thank my noble friend the Minister for the Statement and update. It is right that much talk is concentrating on holding the coalition together in Europe, and we must guard against inevitable fatigue beginning to creep in. Can the Minister also confirm that our wider diplomatic network, right around the world but particularly at the UN in New York, is working tirelessly to stiffen the resolve of countries which have been slow to come forward and share our view about the situation?

[Baroness Goldie (Con)]

I think I can give that reassurance to my noble friend. Obviously, his question is more within the remit of my noble friend Lord Ahmad of Wimbledon, but as he will be aware, we have been very active on the diplomatic front. The United Nations General Assembly vote on 12 October last year was a powerful demonstration of the international community’s widespread condemnation of Russia’s outrageous and illegal attempt to annex the Ukrainian regions of Donetsk, Luhansk, Kherson and Zaporizhzhia.

That global pressure is continuing. I had the privilege of meeting a group of United States Congressmen and Congresswomen earlier this week. I was very struck by the unanimity of acceptance that what is happening is wrong and has to be resisted. This may be happening in Europe, but it is understood in the United States that if you do not address that wrong, there are consequences which could be global in their impact. I reassure my noble friend that diplomacy is a critical part of what we are doing to support Ukraine in its endeavour.

[Lord Hannay of Chiswick (CB)]

My Lords, can the Minister say a word or two about how combating the Russian policy of disinformation and misinformation is going? The evidence is that, unfortunately, a large part of the Russian population remains prepared to tell someone who asks their opinion, at least, that they support President Putin, so there is obviously a long way to go. However, a lot of the lies they tell are easily refutable. What are we doing to boost the work of the BBC World Service, the language services and the Foreign, Commonwealth and Development Office worldwide to deal with this disinformation?

[Baroness Goldie (Con)]

I agree with the noble Lord that the wilful disinformation and misinformation engaged in by Russia is absolutely appalling and very unwelcome. It is worth emphasising that it remains the case that the UK respects the people, culture and history of Russia. The conflict in Ukraine has confirmed the UK assessment as set out in the integrated review: that the current Russian Government remain, and will continue to pose, the most acute threat to the UK and the alliance for the foreseeable future. Our criticism and objections are directed to the behaviour of the Russian Government.

However, the noble Lord makes an important point. The UK, and particularly the MoD, made a courageous decision fairly early on to release more intelligence to the public. That was quite a culture change for the MoD; we are usually pretty protective of our intelligence information. We decided to do that to counter Russian disinformation by providing an accurate and truthful picture of Russia’s illegal invasion of Ukraine. To date, those intelligence updates, issued via social media, have proved very popular; they are reaching a large audience across the UK and internationally. There was some reference recently to a poll carried out in Russia—I was trying to find the specific information, but I do not seem to have it in my brief. My recollection is that the poll indicated that, in Russia, there has been a sharp decline in support for the war over a period of months. It seems that many people are becoming very unhappy and very questioning about what the Russian Government are doing in their name. We will continue to do what we can with the careful release of intelligence—the noble Lord is absolutely right—to neutralise lies and to provide a counternarrative which is correct.

[Lord Adonis (Lab)]

My Lords, the Ukrainian Prime Minister has said that the Ukrainians need and could deploy more than 100 tanks. We are providing 14 Challenger 2 tanks. The Minister said that there are 227. Could we not do rather better than 14?

[Baroness Goldie (Con)]

As I said earlier, the issue is not just what we as an individual country can do. We are providing Challenger, and the weaponry and ammunition accompanying it, to work with the American Bradley vehicles. That is a tandem capability. I indicated earlier that other countries are providing tanks as well. The question is where the need arises and the best way of addressing it. The Challenger 2 is obviously a very formidable piece of equipment, and it has a remarkable reputation for withstanding damage—in the current battlefield in Ukraine, that is a very important component. It is not a question of any one particular vehicle being what is needed universally; it is a question of thinking intelligently about how we ally with other bits of equipment and capabilities that allies and partners are producing to ensure that, in aggregate, we have something really effective.

[Earl Attlee (Con)]

My Lords, I fully support what the Government are doing in a range of carefully made decisions, but I have two anxieties. The first is about the amount of technical cloning that is needed to support complex NATO main battle tanks and other armoured fighting vehicles that might partially answer the points made by the noble Lord, Lord Adonis. My second anxiety is about the capacity of the Russian people to absorb and tolerate pain in order to avoid defeat—which follows on from the point made by the noble Lord, Lord Hannay.

[Baroness Goldie (Con)]

On training, I do not think that there is much more I can add. What we know from our experience of Operation Orbital, which was the UK’s close training relationship with Ukraine prior to the conflict, and the subsequent Operation Interflex, which is the ongoing, very successful training programme we have been engaged in in the UK—we are now attracting international support for our efforts—is that the Ukrainian armed forces have shown themselves agile, receptive, quick to understand and responsive to training provision. I seek to reassure my noble friend that every aspect of training has been looked at, and it is anticipated that that will not be an impediment to the effective use of the equipment which has been donated.

On the situation within Russia, the sanctions regime both imposed by this country and in concert with other allies is certainly having an effect on Russia. At the end of the day, any change of attitude by the Russian Government has to emanate from the Russian people. As sanctions continue to bite in Russia and impact on what it is able to do—not least a predicted drop in its GDP—Russian people may begin to question, as that recent poll suggests they are already doing, what is happening and what the Government are doing in their name. Frankly, if that is a question that the Russian people start to ask, I think it is healthy. As I said earlier, we have to be very clear that our opposition is to the activity of the Russian Government; it is not in any way a hostile reaction to the Russian people.

[Lord Triesman (Lab)]

My Lords, could the Minister comment on what progress is being made to seize the assets and to deal with the financial movements of cash of those who have appeared on the sanctions list? Are we making progress and are we beginning to hurt their ability to operate?

[Baroness Goldie (Con)]

The information I have is that we have sanctioned more than 1,200 individuals and 120 entities; and, with our allies, we have frozen over 60% of Putin’s war chest foreign reserves, which is worth about £270 billion. Open-source evidence indicates that several of Russia’s weapons manufacturers have suspended their activities completely or partially due to sanctions and the lack of spare parts and components. Sanctions against companies such as Kronstadt, the main producer of drones used in Ukraine, is certainly making it far harder for Russia to resupply its front line.

[Baroness Meyer (Con)]

My Lords, given that there are approximately 500 political prisoners in Russia, can my noble friend the Minister tell us what the Government can do to try to push for their release in exchange for all the spies hanging around in the United Kingdom? I also reiterate that the young population is very much against the war; the older population is basically ignorant, getting their information from the television and therefore still sort of supporting the war, but a lot of mothers are getting quite upset about the number of deaths.

[Baroness Goldie (Con)]

I thank my noble friend for referring to that interesting issue of public opinion in Russia. I have stumbled upon a bit of my briefing that I was trying to find: a Statement that my right honourable friend the Secretary of State made in the other place on 20 December. He noted:

“Russian public opinion is starting to turn. Data reportedly collected by Russia’s Federal Protective Service indicated that 55% of Russians now favour peace talks with Ukraine, with only 25% claiming to support the war’s continuation. In April, the latter figure was around 80%.”—[Official Report, Commons, 20/12/22; col. 155.]


That is a very interesting indicator of where opinion is going.

I am afraid that I do not have information on the plight of prisoners within Russia. That is very much the responsibility of the Foreign and Commonwealth Office, but I can speak to my noble friend Lord Ahmad to see if we can provide any more information.

[Lord Coaker (Lab)]

My Lords, I made a mistake in not noting the helicopter incident at the beginning of my remarks, even though it was in my notes. So I associate myself with the remarks made by the Minister and the noble Baroness, Lady Smith, on that subject. I apologise for keeping the House, but it is important, from the point of view of His Majesty’s Opposition, to put that on the record.

Pensions Appeal Tribunals (Late Appeal) (Amendment) Regulations 2022

Baroness Goldie Excerpts

Wednesday 18th January 2023 Lords Chamber

Moved by

[Baroness Goldie]

That the Regulations laid before the House on 17 November 2022 be approved. Considered in Grand Committee on 17 January.

Motion agreed.

Ukraine: Challenger 2 Tanks

Baroness Goldie Excerpts

Wednesday 18th January 2023 Lords Chamber

[Lord Lancaster of Kimbolton (Con)]

My Lords, in begging leave to ask the Question standing in my name on the Order Paper, I remind your Lordships’ House of my interest as a serving member of His Majesty’s Armed Forces.

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

My Lords, the Autumn Statement has already made clear the Government’s recognition that defence spending needs to increase. The department continues to work closely with the Treasury on plans to replenish individual capabilities, including Challenger 2 tanks, and the Chancellor has committed to sustaining the level of support this year that the Government provided to Ukraine in 2022.

[Lord Lancaster of Kimbolton (Con)]

My Lords, first, the donation of the Challenger 2 tanks and AS-90 artillery pieces is the right thing to do, but they are but the tip of an iceberg. Beneath the waterline there is an incredibly complex logistical chain required to make them effective. Can my noble friend assure me that, away from the headlines, this logistical chain is in place? Secondly, on money, the Secretary of State has acknowledged that we need to invest in the Army, but we need to do it now. While any new money is welcome, what will the profiling be of that money? Will it be available now, or will we be subjected to the trick of many a Government, whereby it will not be available for some years to come, when, frankly, it will be too late?

[Baroness Goldie (Con)]

Let me first reassure my noble friend that the donation of the Challenger 2 tanks will be accompanied by an armoured recovery vehicle designed to repair and recover damaged tanks on the battlefield, but my noble friend will be aware of the very impressive record of the Challenger 2 in resisting attack. In addition, the AS-90 self-propelled guns will follow; there will be one battery of eight immediately battle-ready, and three further batteries in varying states of readiness to be provided to the Ukrainians to refurbish or exploit for spares. In addition to that, as my noble friend will be aware, hundreds more armoured and protected vehicles will be included. The Ukrainian Government have responded very positively to this announcement.

On the matter of money, as my noble friend will be aware, there is a fairly closely woven tapestry of timelines, which includes a combination of the integrated review refresh and the Autumn Statement of November 2022 being built on. Negotiations are currently going on between the MoD and Treasury. The Spring Budget has been announced by the Chancellor for 15 March. We await confirmation from the Secretary of State for Defence about the defence command plan publication date, when more information will be available.

[Lord Trefgarne (Con)]

My Lords, is not it the case that Challenger tanks require a unique kind of ammunition? Are we supplying ammunition with the tanks, or will the Ukrainians have to buy their own?

[Baroness Goldie (Con)]

My understanding is, and I can reassure my noble friend, that tank ammunition is part of what is being provided. The exact quantities, he will understand, I am unable to comment on, for reasons of security.

[Baroness Stuart of Edgbaston (CB)]

My Lords, this support by the United Kingdom for Ukraine is part of the sustainable support it requires. When our Secretary of State for Defence meets the German Defence Minister Boris Pistorius for the first time in Ramstein, will he push for a German commitment to provide Leopard 2 tanks to Ukraine? Without a contribution that is comprehensive, Ukraine will not get the response it needs and deserves.

[Baroness Goldie (Con)]

Yes, there is a lot of sympathy with the point the noble Baroness makes. She is perhaps aware that engagement is going on. The Chief of the Defence Staff is meeting NATO CHODs today and tomorrow. The Secretary of State will be in Estonia tomorrow and the noble Baroness is quite correct that at the donor conference being hosted by the United States at Ramstein, the Secretary of State and the Chief of the Defence Staff will be present. There is a recognition that, despite the donation of tanks to date —and I think I am correct in saying that the United States, the United Kingdom, France and Poland have been donating tanks—there is a quantum step that could be taken with the addition of the Leopard tanks.

[Lord Campbell of Pittenweem (LD)]

My Lords, the Minister knows that the House supports, without qualification, the supply of arms to Ukraine, but are we not entitled to credible evidence that the Government are even now replenishing our own stocks of military equipment so as to maintain, now, the credibility and the capability of our own Armed Forces?

[Baroness Goldie (Con)]

I know that the noble Lord takes a keen interest in this and has posed similar questions before. I can reassure the House that the Secretary of State is cognisant of this and indeed commented in his Statement in the other place on Monday that we are very closely engaged with industry, as are our allied partners, because we are not in a silo in respect of industry supply and security of the supply chain. We are having to work with partners to ensure that, holistically, industry is able to understand demand and plan accordingly to supply it. Certainly, we are confident that we have retained sufficient equipment and ammunition so that we are able to undertake our primary responsibility to the security of the United Kingdom.

[Lord Houghton of Richmond (CB)]

My Lords, in pursuit of a more precise answer on this issue of funding, will the Minister answer two questions? First, does the aggregate of all our activities in support of Ukraine meet the formal title of a military operation? If that is the case, do the NACMO procedures apply; that is, that the net additional costs of military operations are met not from the defence budget but from the Treasury reserve?

[Baroness Goldie (Con)]

My understanding in relation to the donation of munitions and equipment granted in kind to Ukraine out of our own stocks is that replenishment of granted assets is managed under a standing arrangement between the MoD and the Treasury, and funding is provided from HMT reserves.

[Lord Coaker (Lab)]

My Lords, the Defence Secretary tells us:

“Even as we gift Challenger 2 tanks, I shall at the same time be reviewing the number of Challenger 3 conversions, to consider whether the lessons of Ukraine suggest that we need a larger tank fleet.”—[Official Report, Commons, 16/1/23; col. 36.]


When will that review report, and have we the capability to deliver a larger tank fleet quickly?

[Baroness Goldie (Con)]

Although the Secretary of State in the other place did indeed indicate that he would be reviewing the number of conversions and considering the lessons of Ukraine, I think that remark did not constitute a formal review of the process; rather, it is his understandable discretionary right as Secretary of State to look at that issue. Interestingly, he also said later on, in response to questions:

“I am always happy to keep under review the number of tanks”—[Official Report, Commons, 16/1/23; col. 42.]


and the nature of these tanks. I think that the Secretary of State is absolutely realistic, as many of us are, and I know the noble Lord is, that the conflict in Ukraine is constantly educating us and instructing us, as it is our allies and partners, but we are trying to respond to that in a sensible and pragmatic way.

[Earl Attlee (Con)]

My Lords, how are the Ukrainian armed forces to develop and generate highly sophisticated first- and second-line support for a complex range of NATO armoured fighting vehicles?

[Baroness Goldie (Con)]

I am not a military strategist or a military technician, but my noble friend is aware that part of the training that we are engaging in with the Armed Forces of Ukraine is to ensure that they can be as professional and strategic in military thinking as possible. My noble friend will be aware that what was announced on Monday in the other place was a very extensive list of additional equipment—another important indication of the fundamental need to work in partnership with other allies. The Secretary of State made it clear, for example, that the merit of the donation of the Challenger 2 tanks will depend on these being able to work with United States Bradley equipment. I think that is an important example of trying to work in tandem to let the armed forces of Ukraine operate to best effect.

[Viscount Stansgate (Lab)]

My Lords, if the provision of these Challenger 2 tanks is thought to be a success, however that is defined, do the Government intend to provide further such tanks to Ukraine?

[Baroness Goldie (Con)]

We constantly review the assessed need through a combination of the Ukrainian armed forces telling us what they think they need and, as the noble Baroness, Lady Stuart, indicated, consultation among different countries. Part of this is, in a sense, about what we can achieve in aggregate through individual contributions. As the noble Viscount will be aware, other countries are donating tanks but the noble Baroness made the important point that the addition of Leopard tanks would be a significant step forward.

[Lord Cormack (Con)]

My Lords, do not the questions asked this afternoon, particularly those from the noble Lord, Lord Lancaster, and the noble and gallant Lord, Lord Houghton, underline the need for a proper debate in your Lordships’ House on Ukraine? In a few weeks, we will mark the first anniversary of the opening of the invasion. We have a great deal of expertise in your Lordships’ House—far more than in the other place—so will my noble friend please talk to my noble friend the Chief Whip and make sure that, rather than considering some of the very unnecessary legislation being brought to this House, we have a full-scale debate on the most important international crisis since the Second World War?

[Baroness Goldie (Con)]

Trying to answer questions on defence issues at the Dispatch Box is quite onerous enough for me to undertake without understanding the labyrinthine workings of the usual channels, but I am sure that my noble friend’s plea is heard by my very good friend the Chief Whip and that the usual channels will be interested in his observations.

Pensions Appeal Tribunals (Late Appeal) (Amendment) Regulations 2022

Baroness Goldie Excerpts

Tuesday 17th January 2023 Grand Committee

Moved by

[Baroness Goldie]

That the Grand Committee do consider the Pensions Appeal Tribunals (Late Appeal) (Amendment) Regulations 2022.

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

I proffer my apologies to the chairman and the Committee. I am terribly sorry that my late arrival meant the adjournment of the Committee. We thought the Transport (Scotland) Act order would be a much meatier affair than it apparently turned out to be.

My Lords, we enter the somewhat technical world of the MoD Armed Forces compensation schemes, but we do so for an important and necessary reason: because the statutory instrument before us will change the rules allowing late appeals against decisions under the various Armed Forces compensation schemes in Scotland and Northern Ireland. The purpose of these changes is to align the rules for Scotland and Northern Ireland with the current rules in England and Wales.

The schemes provide compensation to persons who have sustained illness, injury or death wholly or partly as a result of service in the regular or reserve Armed Forces. Claims made under the rules of the various schemes are decided by the Secretary of State for Defence, and claimants who do not agree with the decision have a right of appeal against most substantive decisions. Before 2008, all such appeals were made to the Pensions Appeal Tribunal, which operated across the whole United Kingdom under the provisions of the Pensions Appeal Tribunals Act 1943.

Following the 2008 courts and tribunal reforms in England and Wales, a War Pensions and Armed Forces Compensation Chamber of the First-tier Tribunal was created in England and Wales with its own rules, made under an Act that extended to England and Wales only. The Pensions Appeal Tribunals in Scotland and Northern Ireland continued to exist under the provisions of the original 1943 Act.

As I have said, claimants who disagree with certain decisions by the Secretary of State may appeal those decisions; they have 12 months in which to make that appeal. There is also provision for what is known as a “late appeal”. This is an appeal that is made more than 12 months after the original decision but within 24 months, because no appeal is ever possible after two years. As a result of the 2008 reforms in England and Wales, a late appeal is accepted by the First-tier Tribunal unless the Secretary of State objects. If the Secretary of State does object, the tribunal has the power to consider the matter and admit the appeal if it is fair and just to do so. However, the provisions of the 1943 Act still apply to those tribunals in Scotland and Northern Ireland. Until recently, these provisions did not allow tribunals in those jurisdictions to treat late appeals with such flexibility, as they could do so only in specific circumstances set out in regulations.

The Lord Chancellor established a War Pensions and Armed Forces Compensation Advisory Steering Group to pursue consistency in the procedure for appeals across the United Kingdom. It concluded that existing late appeal processes may possibly disadvantage appellants in Scotland and Northern Ireland. The request to make these amendments came from the presidents of tribunals in Scotland and Northern Ireland. The devolved Administrations have been consulted on, and have approved, the draft regulations.

In 2021, amendments to the 1943 Act were made. They allow us to align the rules under which late appeals are accepted in Scotland and Northern Ireland with the current rules in England and Wales. These draft regulations seek to amend the 2001 regulations to remove this anomaly and align the rules on late appeals across the whole of the United Kingdom. I beg to move.

[Lord Jones (Lab)]

My Lords, I thank the Minister for her incisive and always-informed remarks.

At paragraph 7.3 of the Explanatory Memorandum, the word “consistent” is used. A consistent approach is to be welcomed. However, can the Minister tell us about the ASG—that is, the advisory steering group? Who heads it? It looks very formal. It is advisory but shall its members be paid? Do we know what amount the group’s members receive? Are there any names of which the Committee might be informed? We need information regarding the names concerning the representative ex-service and service communities. One does not want the high and mighty of law and government ministries leaning heavily on the humbler members of the ASG. If the MoD is involved, rank will be a consideration. The judiciary also carries weight. On membership, does everyone have an equal voice?

At paragraph 7.2, we learn of appeals. Might the Minister flesh this point out by instancing an appeal case? What might it entail?

On paragraph 7.4, how many appeals were heard in 2021 and, if it is possible for the Minister to say, 2022? Again, I thank the Minister for her remarks.

--- Later in debate ---

[Baroness Goldie (Con)]

My Lords, predictably, although this may be a somewhat technical and relatively short debate, your Lordships have advanced questions, some of which I may not be able to answer; I may have to offer to write.

I will deal first with the points raised by the noble Lord, Lord Jones. I do not have before me specific information about the compensation advisory steering group—members, who leads it, whether they are paid or whether there are ex-service representatives—but I can undertake to find out that detail. I am just glancing at my officials and, reassuringly, their faces are as blank as mine. If the noble Lord will be patient with me, we shall find out that information and I shall write to him.

[Lord Jones (Lab)]

I am grateful for the Minister’s remarks. I admire the way she does her business. I simply want to say that I rise often in this Committee as a point of principle, rather than to ask questions that may or may not be answered by the given Minister. Having been a Minister in three Administrations in another place, one’s sympathy is always with a Minister seeking to answer.

The main thing that comes to my mind is that so often in this Committee there are orders and regulations that really should be on the Floor of the House. Important regulations and orders are often so badly attended. They can go through without any consideration as to how they affect the citizenry. I thank the Minister.

--- Later in debate ---

[Baroness Goldie (Con)]

I applaud the noble Lord’s persistence and tenacity, because that is entirely reflective of what good scrutiny should be. I came here thinking I had everything I needed, but the noble Lord has disproved my theory. The noble Baroness, Lady Smith, asked similar questions so I undertake to include all noble Lords in my response.

The noble Lord, Lord Jones, also asked whether I had an example of a case of the type of appeal. I do not, but I presume that could be obtained without too much difficulty. I undertake to investigate that.

On the numbers of appeals, I offer a little more in the way of a glimmer of hope. I have been given information that in 2021 in Scotland, 11 late appeals were received. These would have been received under the less favourable regime that this statutory instrument is seeking to correct. Of these 11 late appeals, nine were admitted and two were refused. I think the two were refused because the upper limit of two years had been extinguished, so I think we can accept that that was a bona fide and understandable reason for declining to meet the appeal. In 2022, nine late appeals were received in Scotland. Seven were admitted and two were refused. In one appeal the upper limit of two years had been extinguished. The other appeal was refused because not only was it late but it had already been adjudicated at a previous tribunal hearing. I think that reassures your Lordships that there is a process that has been robust.

In Northern Ireland in 2021, two late appeals were received and both were admitted. In 2022, two late appeals were received; two were admitted and none was refused. I hope that reassures your Lordships that there has been a working system and that the intrinsic components of the system are operating. But as I said from my speaking notes, there was a sense that this may lead to some disadvantage for appellants in Scotland and Northern Ireland, hence the desire, recognised by your Lordships, to achieve pan-UK consistency on the issue.

I think it was the noble Baroness, Lady Smith, who asked about other people who may have been disserved by the previous arrangement, and that was echoed by the noble Lord, Lord Tunnicliffe. All I can say is that I do not know, but these figures, which are from the previous regime, suggest to me that a very fair regard has been had to the appeals. I do not see evidence of any manifest unfairness or unreasonable determination of the appeal.

The noble Baroness, Lady Smith, said that we are doing a bit of tidying up. That is correct. Does more legislation need to be brought forward to address any other outstanding issues? I am not aware of it. As the noble Baroness herself observed, delegated legislation for the Ministry of Defence is relatively unusual and fairly sparse. As I think your Lordships will understand, this is intrinsically a very technical issue, and it was the tribunal presidents who pushed to make the change because they had both the experience and the technical knowledge, and I think they realised that there was a better way of dealing with this. The acquiescence of the devolved Administrations endorses that approach. I am not aware of any accumulation of material that needs to be addressed.

The noble Lord, Lord Tunnicliffe, asked about the length of time to address this. I do not have a specific answer; from the circumstances I can infer only that when the changes were made in England and Wales, nobody thought at the English and Welsh end that anything needed to be done in Northern Ireland and Scotland. Interestingly, it is pretty clear that nobody at the Scottish and Northern Ireland end thought that anything needed to be done. It has been a classic example of the system working and keeping going, and only on further consideration by the presidents of the tribunals in Scotland and Northern Ireland was there a realisation: “Wait a minute, this is maybe not the best we can do for these two countries, and we ought to change it”.

The noble Lord, Lord Tunnicliffe, asked about the criteria that the Secretary of State has to observe when determining an application. He will be aware that the role of a Minister of the Crown in determining these matters is quasi-judicial, and I imagine that the Secretary of State is encompassed by legal advice to make sure that they are not in danger of doing anything that would be patently unfair or unjust to the applicant. There will no doubt be advice, based on the circumstances of the applicant, as to whether a case is deserving and should be granted. Of course, the safeguard is that if the applicant is dissatisfied with the Secretary of State’s determination, there is now this more flexible method of appeal available to the applicant.

The final question from the noble Lord, Lord Tunnicliffe, was basically: is this change more favourable to appellants? The answer is yes. As I said and the noble Baroness, Lady Smith, identified, it is just possible that there may have been appeals determined in Scotland and Northern Ireland under the old, more rigid rules, which had been abandoned by England and Wales, and that under those more rigid rules something was deemed not grantable on appeal, but I do not know. I think it would be an impossible question to answer, but it is obvious from the numbers I have cited that we are dealing with a fairly small cohort of cases here.

With the exception of the compensation advisory steering group, on which I will write to all three noble Lords who contributed to the debate, I hope I have managed to answer all the questions. I commend this instrument to the Committee.

Motion agreed.

Service Family Accommodation

Baroness Goldie Excerpts

Wednesday 21st December 2022 Lords Chamber

[Lord Coaker (Lab)]

My Lords, the Minister in the Commons said yesterday that the provision of safe, good-quality, well-maintained accommodation is an irreducible minimum when it comes to supporting our Armed Forces. So why is there a backlog of 3,100 outstanding complaints about service accommodation? This huge backlog includes complaints about recurring black mould, causing viral infections in children; crumbling roofs; burst pipes that are flooding homes; and broken boilers. Even when reports are made, there is no guarantee of repair, with two-hour waits on helplines. How has it got to this? When will the Armed Forces of our country, of whom we are rightly proud, get the accommodation that they deserve?

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

I echo the words of my honourable friend in the other place. Yesterday, he said—quite correctly—that

“it is unacceptable that some of our personnel and their families are not receiving the level of accommodation services—in the form of maintenance standards—from our suppliers that they deserve and, in particular, are suffering from a lack of heating and hot water.”—[Official Report, Commons, 20/12/22; col. 143.]

As the noble Lord will be aware, there has been a chronicle of dissatisfaction with the way in which contractors have been discharging their duties. We are very disappointed by contractors’ poor performance.

I can assure the noble Lord that some important improvements have been made. Our rectification plan started back in mid-September. First, my honourable friend the DPV Minister and the Secretary of State have met the contractors Pinnacle, Vivo and Amey to discuss these problems and express our deep concern. I assure the Chamber that we are holding them in a vice-like grip; there are penalties in the contract. My senior MoD colleagues are also meeting contractors fortnightly at the executive level—that is, chief executive and above. Every day, people in the MoD are engaging with their counterparts in the contracting companies who are carrying out the improvements on the ground.

Improvements have been made steadily, and the systems have been improved. However, I agree entirely with the noble Lord that anything less than habitable accommodation kept in good order is not acceptable. The MoD is conscious of that and conscious of the debt we owe our Armed Forces personnel. We are doing everything in our power to improve the situation, and evidence of improvement is there.

[Baroness Smith of Newnham (LD)]

My Lords, this issue is not new. Before the Minister took her place as the Minister of State for Defence, the noble Earl, Lord Howe, listened to my complaints about service accommodation so many times that he said he would meet me. In the end, he sent the then Minister, Tobias Ellwood, to meet me. At the time, I pointed out a Facebook page called “Victims of CarillionAmey”, which still exists. Carillion is no longer with us but the point was about the response on service accommodation to service personnel, particularly their spouses. Often, a wife at home is unable to work because she has to spend so much time waiting at home for maintenance people who do not come. The answers so far have been good, but can the Minister assure the House that there will be not just changes to the number of meetings but some proper key performance indicators that are to be met?

[Baroness Goldie (Con)]

The noble Baroness’s entreaties of my predecessor and noble friend Earl Howe were to very good effect because it was part of a systematic approach to the MoD about quality of accommodation for our service personnel. I can reassure the noble Baroness by saying that Pinnacle has increased the number of call handlers from 14 to 56, VIVO has boosted the number of contractors by 27%, Amey has boosted the number of contractors by 60%, and 15,000 heaters have been bought and are being distributed.

I asked officials this morning that if I were in that accommodation with two vulnerable young children and the heating went off, what could I do and how quickly could I do it? I was reassured that there is now, through Pinnacle, a 24/7 365 helpdesk where calls are triaged so that the urgent ones are dealt with and get a response. The caller is given a reference and there is a response within 48 hours, although the majority of calls are being responded to quicker than that. As I said earlier, we are holding the contractors in a vice-like grip: we are holding their feet to the fire. What has happened has been profoundly unsatisfactory, and I pay tribute to the noble Baroness for her efforts in drawing attention to it.

[Baroness McIntosh of Pickering (Con)]

Can my noble friend update the House on the status of the hundreds of former MoD homes at RAF Linton-on-Ouse, which have been empty for some considerable time? There was a proposal to use them to house Ukrainian women and their families, who would replace the men who had previously picked fruit and vegetables in a one-hour radius of that area. As my noble friend may be aware, there is a shortage of seasonal workers for this purpose. Defra had such a scheme in mind, but unfortunately it did not happen. What is the current status of the homes? Are they about to be refurbished and will they be sold, or might they be used for such a future scheme?

[Baroness Goldie (Con)]

On the general question of availability of MoD accommodation, we are very careful about how we manage accommodation because we have ongoing obligations to rotating staff and we must ensure that we can accommodate them safely when that accommodation is required. I do not have information on the specific location to which my noble friend refers, but if she permits, I will inquire and write to her.

[Baroness Bennett of Manor Castle (GP)]

My Lords, the noble Lord, Lord Coaker, referred to black mould. Since the coroner’s verdict on the tragic death of Awaab Ishak, there has been growing public awareness of and concern about that issue. I have visited family and single military accommodation where you could smell the mould; it clearly was there. Given the rising level of public concern and awareness, and of medical awareness, have the Government done anything to step up efforts to tackle black mould in service accommodation?

[Baroness Goldie (Con)]

Let me reassure the noble Baroness. One of my questions to my officials earlier today was exactly the one I indicated to the noble Baroness, Lady Smith: what does somebody do who is affected by damp and mould in a property? The answer is that a dedicated damp and mould team has been set up by DIO, and it will be stood up during January 2023. A dedicated hotline is in place for damp and mould, and has been live since last April. It also works on a triaging approach, so that there is an opportunity to assess the situation. A report of mould leads to a professional survey report being commissioned and, if required, that is followed by an offer of alternative accommodation. We simply will not have people living in non-habitable premises.

I can share with the Chamber that Amey is piloting a video project to see whether this helps to improve the pace at which things are dealt with, and awareness of conditions within the property. Often, that helps to decide at the triaging stage how urgent the problem is. It is a pilot, and no doubt we will be reviewing it, but I assure the noble Baroness that we are cognisant of the threat of damp and mould, particularly in the light of the recent tragedy involving the little boy, and we are doing everything we can to mitigate the effect.

[Baroness Brinton (LD)]

I thank the Minister for that very helpful answer. So far, the focus has been very much on the repairs required and the firms to do them, but there is a duty that the Government and the people of this country have under the Armed Forces covenant. Given that we are talking about people who live on site and who use the doctors’ services on site, have the Government any idea what percentage of families in military accommodation, and of children especially, have respiratory diseases? It is possible to anonymise this information, but it might help the Government to understand the scale of this problem in comparison with the average figures across the country.

[Baroness Goldie (Con)]

The noble Baroness raises a very interesting point. I do not have specific information, but once again I shall undertake to inquire, and offer to write to her if I elicit a response.

Ukraine

Baroness Goldie Excerpts

Wednesday 21st December 2022 Lords Chamber

[Baroness Smith of Newnham (LD)]

My Lords, as so often, I am very happy to associate myself with the comments of the noble Lord, Lord Coaker. However, unlike yesterday in the questions on the Statement on the Afghanistan inquiry, I have a whole series of additional questions to put to the Minister. These are intended not to undermine anything that the noble Lord said but simply to press a little further.

Clearly, we must all salute the resilience of Ukraine, President Zelensky, First Lady Zelenska and the Ukrainian people, who have done so much to stand up not just for their own liberty and freedom but for freedom more widely, as the Secretary of State said yesterday in another place. It is indeed right that the United Kingdom and our NATO allies have been supporting Ukraine. I thought the words of the Secretary of State yesterday were very well measured, that

“our support is calibrated to avoid escalation”,

because that is absolutely vital. There is a very real danger, as I thought the noble Lord, Lord Coaker, touched on, that this conflict could become much wider. Clearly NATO countries want to support Ukraine, but it is Ukraine’s war. It is right that we support by training Ukrainian service personnel and providing equipment, but we need to avoid escalation.

To press a little further, I wonder whether the Minister could clarify what work is being done to ensure that we have adequate contacts with the supply chains and those supplying military hardware to ensure that, down the line, there will be sufficient capabilities for His Majesty’s Armed Forces. We have raised these issues many times over the last 300 days, but the longer the conflict goes on the more important it is to ensure that there will be no difficulties with capabilities, not just in supporting Ukraine but for the United Kingdom Armed Forces themselves.

In addition to the question of capabilities, there is another. It is welcome to know, as everyone is aware, that the Royal Navy has been in the Black Sea and that the Army has been in various parts supporting the Joint Expeditionary Force in Eastern Europe. Can the Minister tell us what assessment has been made of the impact on our Armed Forces of all the requirements that are being put on them? Yesterday, we talked about the need for our Armed Forces personnel to stand in to replace key workers during the strikes. Again and again, we are calling on our Armed Forces. Does the Minister think we are giving them sufficient support? Should we be thinking about reversing the cuts to the Army?

Beyond that, there are clearly questions about what Russia has been doing and the activities that it has perpetrated—war crimes, alleged atrocities of rape, and many other atrocities that have been put forward. In particular, there appear to be many Ukrainians whose bodies cannot be identified. Last month I was in the Falkland Islands, visiting on the 40th anniversary of the liberation. There, of course, we have attempted to put graves for Argentinian soldiers, who were not easy to identify. That was by way of reconciliation, in some ways.

Last year, I was in Bosnia where there are mothers still weeping because the dismembered bodies of their dead children are scattered. In the light of what we are seeing in Russia, will the Minister say whether the Government are ready to consider supporting the idea of some sort of tribunal on war crimes perpetrated by Russia in Ukraine?

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

My Lords, I thank the noble Lord, Lord Coaker, and the noble Baroness, Lady Smith, for their introductory remarks. Not for the first time, I express my appreciation in this Chamber for the unanimity of support for how we are responding to this illegal war being waged by President Putin. I have said before, and I repeat, that that political unanimity has a real impact, and I think it has made Russians realise that something very bad is happening in their name. I was interested in looking at my right honourable friend the Secretary of State’s Statement in the other place. He mentioned how public opinion in Russia seems to be changing. That is to be welcomed. Now there is evidence that a majority of the population is actually unhappy about this war and far from convinced that it is either justified or worth while. I think that the role that we play in this country through our political and democratic processes by demonstrating that unanimity—or as the noble Lord, Lord Coaker, phrased it in word that does not often escape my lips—solidarity of approach is extremely important. It is part of the powerful response which this country is giving and, of course, that response has been supported and shared by our allies and partners.

On the noble Lord’s specific question about the action plan, it has not been forgotten about; it is a fairly dynamic piece of work, as the noble Lord will appreciate. There is a fluid situation in Ukraine. We regularly have to assess from our discourse with the Ukrainian Government, the intelligence we get from the Ukrainian armed forces and our own intelligence assessment how we should be approaching next year. To put this beyond any shadow of doubt, since the noble Lord raised my right honourable friend the Prime Minister using the word “review”, our resolve to support Ukraine in defending itself is absolutely unwavering. The Prime Minister is completely shoulder to shoulder with that resolve. When there is any endeavour in which the United Kingdom Government are engaged, the Prime Minister naturally wants to know how it is all going. That is a very natural inquiry, but that is not in some way to diminish or begin to weaken our support. We are very clear about what we are doing and why we are doing it.

That leads me on to the next point raised by the noble Lord, Lord Coaker, which is this troubling intelligence that Russia is supplying technology to Iran. That is a profoundly undesirable development, and the noble Lord is quite correct that that of course has potential consequences for the broader region in the Middle East. As to how we deal with that, we consult allies and use whatever forum we have available, whether that is NATO or the UN, to highlight the concerns, to make them as public as possible and to consider collectively whether there is anything more we can do whether by the application of sanctions or other forms of restriction. The noble Lord will be aware that sanctions are beginning to bite hard and there is now evidence that the Russian military action is being degraded and that some of the weapons manufacturers in Russia have had to cease activity, all of which is evidence that the sanctions tourniquet is beginning to tighten around the Russian economy.

On our general support for Ukraine, as the noble Lord is aware, we have provided a variety of forms of equipment, both lethal and non-lethal. We have provided short and long-range air defence systems and missiles to help Ukraine protect its critical national infrastructure. These include Stormer vehicles fitted with Starstreak missiles, advanced medium-range air-to-air missiles—AMRAAM—and multiple-launch rocket systems which can strike targets up to 80 kilometres away. We have augmented that with armoured vehicles, anti-tank missiles, Brimstone missiles, anti-structure munitions and 4.5 million tonnes of plastic explosives—I will check that figure, because I think something is missing from the briefing pack—so we have been doing a great deal. I think noble Lords get the picture. We are doing a lot, and propose to continue doing a lot, to support the Ukrainians. We make these judgments by assessing what we hear from them, and then through the international donation co-ordination centre, which is led by the UK, we work out who is giving what and how quickly we can get it to them, and try to avoid any conflicting issues of duplication or replication.

The noble Lord raised the issue of replenishments; I can reassure him that we keep a close eye on this. We remain fully engaged with industry, allies and partners to ensure both the continuation of supply to Ukraine and that all equipment and munitions granted in kind from UK stocks are replaced as expeditiously as possible. We are working with NATO partners to strengthen industrial capacity within the alliance, both for now and for the future. We have been able to place contracts in respect of replenishing Starstreak lightweight multirole missiles and the next-generation light anti-tank weapons, NLAWs. They are currently being built. We anticipate further contracts being placed in the course of next year. The overriding consideration is that we always have to balance what we give with having enough ourselves to address issues of national security.

On the noble Lord’s reference to the Royal Marines, as my right honourable friend made clear in the other place, there has been a small cohort of Royal Marines but they have been there to protect the embassy. They are there not in any pugilistic, offensive capacity but simply to protect our diplomatic presence, which is a natural and understandable thing to want to do.

On humanitarian aid, yes, we have been paying close attention to what we can do to support Ukraine in the bombardment it is being subjected to. We have released £5 million of funding for repairs and replacement equipment in response to the Ukrainian Energy Minister’s list of needs. In October, the UK signed a €97.3 million European Bank for Reconstruction and Development guarantee for the Ukrainian electricity distributor. We will continue to look at what we can do to support Ukraine in energy. As previously indicated, we have also sent portable generators to support access to power for essential services, including hospitals and shelters. In November, the Foreign Secretary signed a memorandum of understanding with the energy community to release £10 million to repair Ukraine’s energy grid. That is on top of the generators already supplied.

The final point that the noble Lord made very eloquently was in relation to the UK response to all this. I absolutely agree with him that that response has been magnificent; it manifests in so many ways. No doubt he, like me, hears uplifting descriptions of how families have been taken in and made to feel welcome and are making a contribution to life in the UK. He is absolutely correct that the attention span is not transient or finite; it is there for as long as we need it to be there to see off this threat.

The noble Baroness, Lady Smith, is quite right: we ensure that we calibrate support to avoid escalation. I have explained about replenishment and capability; that is being addressed. She raised the impact on our Armed Forces and, yes, we ask a lot of them. Taking regulars and reserves, we have a current cohort somewhere well over the 100,000 mark. Of those, as I described I think yesterday—I am losing track of the days—a relatively small proportion are deployed to MACA tests, but obviously we have presences in the Baltic and Cyprus and a reducing presence in Africa. We are very clear about the need to be vigilant as to what we ask our Armed Forces to do and to ensure we are attentive to their welfare and well-being.

The final point the noble Baroness raised was on Russia’s activity and war crimes. I reassure her that we have been very active on that issue, working with the International Criminal Court and doing our best to provide expertise to the court to assist it in the work it needs to do. This is a very important area and Russia, and the agents and operators acting on its behalf, must understand that the tap on the shoulder will arrive one day. Our role is to ensure that the International Criminal Court, with the help of Ukrainian law enforcement agencies, is gathering and preserving the evidence it needs to consider legal charges and, subsequently, successful prosecutions and convictions.

[Viscount Stansgate (Lab)]

My Lords, it is sadly appropriate that the final Statement taken in the House this year is on Ukraine. I associate myself with all the comments made by my noble friend Lord Coaker from the Front Bench. When it comes to UK solidarity, one of the memories of this remarkable year that we will all share is President Zelensky’s address to both Houses of Parliament.

As we look ahead to next year, I want to ask about the Government’s assessment of two events taking place. One is President Zelensky’s visit to Washington and the other is President Putin’s to Belarus. Will the Minister’s share the Government’s assessment of the renewed risk of an attack via Belarus towards Kyiv? That was Russia’s original intent, which was rebuffed, but the threat is, if anything, just as great as we look ahead to next year. I would be grateful if the Government would share their assessment of this risk.

[Baroness Goldie (Con)]

I say to the noble Viscount that I think we were all moved by President Zelensky’s address to parliamentarians. I was certainly moved by Madam Zelenska’s address, which was a most poignant and memorable speech. It brought home the raw and cruel nature of this illegal war, which she spelled out in very clear terms.

The noble Viscount will understand that I am limited on what I can say about how we assess intelligence. We liaise closely with our allies, not least the United States, and with our other partners in NATO. As I said earlier, we of course liaise closely with the armed forces of Ukraine. We are alert to where threats may be heading and to how degraded the Russian military effort is. Everyone should understand that. It has been impacted by the sanctions and by intrinsically poor planning, training and equipment. The sad fact is that many Russian soldiers have been sacrificed in this illegal endeavour by Putin, which is absolutely to be deplored. The Russian military endeavour has been materially degraded and it is important to remember that. I cannot share specific information, but I reassure the noble Viscount that, in our conversations with the Ukrainian armed forces, we are very alert to understanding exactly what they see as the threat, then working out what we can do to assist and respond.

[Baroness Stuart of Edgbaston (CB)]

My Lords, I refer to my registered interest as chair of Wilton Park. I urge the Minister to look at a report that was published today, The Role of the Private Sector in Ukraine’s Recovery and Reconstruction, which was a result of a conference held last week in Warsaw. The UK’s engagement in looking beyond the immediate situation of the war is incredibly important and the international private sector plays an important role. I urge the Minister to use our convening power to pull together the various strands of work that would allow for that reconstruction, as and when it is appropriate.

[Baroness Goldie (Con)]

I thank the noble Baroness for referring to that report. I am not familiar with it, but I shall now make myself familiar with it. I hear her plea, so we will look closely at the report and consider what else we can do.

[Baroness Bennett of Manor Castle (GP)]

My Lords, this will be the last Green group contribution in the House this year, barring any last-minute recalls—I fear I may be tempting fate—so I hope that the House will forgive me for taking one second to thank, as many others have, all of the staff, who, mostly invisibly to the outside world, keep us operating here through the unsociable and highly unpredictable hours to which we cling. I offer profound thanks to all of the staff.

I am very glad that we are taking this Ukraine Statement, but it is a grave pity that yesterday’s biodiversity COP 15 Oral Statement in the other place has not been picked up today. I hope that someone can confirm that we will at least be doing that belatedly in the new year.

On the Ukraine Statement, my question follows on from that of the noble Baronesses opposite. The Statement focuses on Russian attacks on military targets in Ukraine in this illegal war but, of course, at the moment a lot of the Russian military activity focuses on attacks on civilian infrastructure, particularly energy infrastructure. One of the things that I found from my visit last month to Kyiv and surrounding areas, particularly Irpin and Bucha, was that the Ukrainians are working very hard to restore things and keep things going, even under this continuing attack on civilian infrastructure. One of the things that they have found relates to renewable infrastructure. I heard about solar panels on hospitals and medical facilities, which mean that they can continue to keep functioning even when the rest of the system goes down. Can the noble Baroness reassure me on what the Government are doing? She talked about our attention span not being short. Are we focusing on helping the Ukrainians to support that essential civilian infrastructure? Are we particularly looking at rebuilding, now and into the future, using resilient renewable infrastructure that can be there for the long term for the Ukrainians?

[Baroness Goldie (Con)]

Yes, I heard the noble Baroness’s remark about the repeat of the COP 15 Statement. I understand that there has been a genuine logistics problem with the sheer volume of urgent business arriving in this House. Indeed, I did not expect to be attending to two items on the last day before the Recess, but I am delighted to do so as they are on such important subjects.

Attention is certainly being paid to infrastructure and reconstruction, but the noble Baroness will understand that, whatever plans we develop with our partners and allies—and very good plans are being developed—this anticipates and has to be predicated on some sort of stability and peace within the region. Otherwise, we will not have an environment in which we can safely start addressing that reconstruction. So it is very important to observe that there is still a job to be done in seeing off this illegal attack by President Putin.

On the issues to which the noble Baroness referred, I described in some detail what we have been involved in, but I can provide some more detail that might interest her. We are providing support for Ukraine’s early recovery through the partnership fund for a resilient Ukraine, which is a £37 million multi-donor fund that the UK belongs to. Through this, the UK, alongside other countries, has already provided extensive support for the repair of buildings, as well as other activities in the Kyiv Oblast and other parts of Ukraine.

A UK Export Finance initiative has also committed £3.5 billion of cover to Ukraine to enable support for priority projects, such as infrastructure, healthcare, clean energy and security sectors. Working with the Government of Ukraine, the UK Government have identified an initial eight construction projects to be supported by UK Export Finance. This is all about helping to repair Ukraine’s critical infrastructure, laying the foundations for economic recovery.

Next year, the United Kingdom will host the 2023 reconstruction conference, which will be a very important occasion that will be informed by a lot of the information that has already come into our domain within this Chamber in the last year, not least the report to which the noble Baroness referred. This will be an important development. Obviously, in reconstruction, one imagines that attention will be paid to the most energy-efficient technologies, and one would hope that that would be a matter of explicit consideration. But I repeat that, although we would love to make progress with this, we cannot do so safely until we have got under control the conflict situation that exists in Ukraine at the moment. The best thing that can happen is that this degraded, demoralised and, frankly, immoral Russian Government instruct their troops to withdraw from Ukraine—that would be good news for the Russian people—and then let Ukraine get on with the job of building for the future, with help from friends and allies.

[Lord Young of Cookham (Con)]

Further to the answer that my noble friend the Minister has just given, can she say something about grain exports? They are important, not just as revenue to Ukraine and its farmers but as a source of food to third-world countries. As we saw last month, they can be disrupted at a moment’s notice by Russia. Further to what my noble friend the Minister has said about infrastructure, what steps have been taken to reinforce infrastructure within Ukraine so that grain and other commodities can be exported by road rather than by sea?

[Baroness Goldie (Con)]

My noble friend is right that the export of grain is absolutely critical; it is instrumental to global food security. It has been a matter of profound regret that Russia was prepared to obstruct those grain exports, much of which is needed to feed the world’s hungry—and, in many cases, the world’s hungry poor. My noble friend makes an important point, and, as he is aware, the UK continues to support United Nations-led efforts to support the grain initiative, which is currently allowing grain to get out. Echoing what I said to the noble Baroness, Lady Bennett, we have to try to ensure that whatever is happening within Ukraine is predicated upon safe routes that may not be vulnerable to attack. That is one of the constant issues with which we contend. We are very conscious, as are our allies, about supporting the initiative; it has been a success and it is in everyone’s interest to ensure that it continues beyond March 2023. We urge Russia not to block its extension.

[Lord McDonald of Salford (CB)]

My Lords, one of the many ways in which President Putin miscalculated his invasion of Ukraine was a failure to foresee its galvanising effect on NATO. Since the invasion, both Finland and Sweden have applied for NATO membership. By earlier this month, all allies, apart from Turkey and Hungary, had ratified the new memberships. Hungary has said that it will ratify them by the end of the year, but Turkey is still in play. Can the Minister say what His Majesty Government’s latest assessment is of the prospects of early Turkish ratification of that very important enlargement?

[Baroness Goldie (Con)]

It is an important enlargement, and we support it. Turkey is an important ally to the United Kingdom; we are on good terms with Turkey. We will certainly use whatever influences we have, whether through MoD or diplomatic channels, to advance the case for the benefit to NATO and the broader Baltic region of Sweden and Finland becoming NATO members. We are committed to that, and we will use our best efforts to try to influence that debate.

[Baroness Smith of Newnham (LD)]

My Lords, for the avoidance of doubt, I should have made it clear earlier that my trip to the Falkland Islands was at the invitation and expense of the Falkland Islands Government, as declared in the register of interests.

Afghanistan: Independent Inquiry

Baroness Goldie Excerpts

Tuesday 20th December 2022 Lords Chamber

[Baroness Smith of Newnham (LD)]

My Lords, I start exactly where the noble Lord just left off: by acknowledging the debt we owe our Armed Forces and the high standards to which we hold them and to which the vast majority always adhere. But it is vital for the reputation of His Majesty’s Armed Forces and of our country that, if there has been illegal, inappropriate and unlawful action, it is investigated.

These Benches endorse all the questions that the noble Lord has just asked from the Labour Benches. They are all pertinent to the questions that the House should be asking, but I will add just a few points for further clarification.

One of the first questions that came to my mind was indeed about the Overseas Operations (Service Personnel and Veterans) Act 2021. I note that Minister Murrison had almost second-guessed what noble Lords might ask by saying that the 2021 Act was always designed to enable the investigation and follow-up of any serious allegations, irrespective of time passed. So I ask the noble Baroness whether it is possible to reassure the House that none of the issues that will now be subject to the inquiry could be deemed out of scope under the purview of this Act. One of the serious concerns expressed by all sides of your Lordships’ House was that, precisely by having a time limit, certain crimes and unlawful actions would not be investigated. The House really needs reassurance about that. It is notable that the actions we are talking about date back over a decade, from mid-2010 to mid-2013. The timeframe is therefore very significant.

As the noble Lord pointed out, there are two cases of judicial review at present. It would clearly not be appropriate to ask questions or expect an answer on those at the moment, but might the Minister be able to tell us whether His Majesty’s Government believes that these are the only cases that need to be investigated, or whether the Ministry of Defence is anticipating that there could be further significant cases coming forward? At the moment, we are looking at potentially quite a limited inquiry. However, it could be very significant indeed. Some reassurance would be welcome.

The final point is on the question that we have already heard about the National Security Bill currently going through your Lordships’ House. How does Clause 28 fit with the investigation and the overseas operations Act? Can we, as a Parliament and a country, actually expect there to be proper scrutiny? Clause 28 seems to pave the way for some lacunae in the law. Can the Minister reassure us? If not, she should expect a number of amendments to the National Security Bill from all parts of your Lordships’ House.

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

My Lords, I thank the noble Lord, Lord Coaker, and the noble Baroness, Lady Smith, for their welcome of the announcement of the statutory inquiry into events in Afghanistan. I also thank them for and endorse their comments about the pride that we all have in our Armed Forces. The Secretary of State has been at pains to say that our Armed Forces operate to the highest standards and are hugely respected, as was echoed by my right honourable friend Dr Murrison in the other place. That is why, to be honest, the United Kingdom is one of the very popular choices to provide training: because of the very high standards that we observe.

I entirely endorse what the noble Lord, Lord Coaker, was saying: where we think that things may not have gone satisfactorily, or where there is doubt or uncertainty about what happened, then yes, for the broader reputation of the Armed Forces, we are equally anxious to have that investigated, and in a thorough and robust fashion.

I will take my remarks to be inclusive of the noble Lord, Lord Coaker, and the noble Baroness, Lady Smith. On the question about access to documents, this is a statutory inquiry. That means that it can call witnesses and has the power to compel them to attend, and they give evidence under oath. It will be for the inquiry and chairman to determine what evidence they seek and which witnesses they want to call. I want to make it clear that, given the gravity of the allegations that have been the genesis of announcing this inquiry, it is certainly the Secretary of State’s intention that the inquiry will address any remaining concerns that there was a failure to adequately investigate alleged systemic issues in order to comply with the investigative duties which arise under Articles 2 and 3 of the ECHR.

A further question was asked about how the judicial reviews, of which there are two at the moment, in respect of Saifullah and Noorzai, engage with the inquiry. The Secretary of State for Defence has applied for stays in the Saifullah and Noorzai judicial reviews while the inquiry takes place. The claimant has agreed to stays in both on the basis of the establishment of the inquiry, so the claimants have been party to this. A hearing on that application for a stay is scheduled for January.

A point was raised on the legal scope of the inquiry—what it can and cannot do. It can do a very great deal to try to find out what has happened. Noble Lords will have seen the wide-ranging terms of reference, which I looked at again today. They are very thorough indeed. I might describe them as an attempt to lift up every stone and to try to ensure that every possible angle is investigated. Again, I assure your Lordships that Saifullah and Noorzai were party to and consulted on the terms of reference.

The inquiry does not have the power to determine civil or legal liability, but it does have the power, on the basis of evidence, to draw conclusions and make recommendations. Potential criminal or civil liability might very well be inferred from or arise out of that. The specific question was about what would happen if the inquiry considered that anyone was killed unlawfully. It would be a matter for the independent prosecution to determine how to proceed in such a scenario.

The noble Lord, Lord Coaker, referred to the “Panorama” programme. The Royal Military Police has asked for whatever further evidence there is. We have not received any fresh evidence, but, again, we are handing this over to the inquiry and to Lord Justice Haddon-Cave. It will be for him to pursue these matters.

On the timing of this, the Secretary of State proposed the inquiry, and work began on it, in May 2022.

My understanding is that the Brereton inquiry, which was the Australian inquiry, was slightly different in nature from this inquiry. A key difference is that the Brereton report started the investigation, whereas we have already done extensive criminal investigations of allegations, so we are starting from a slightly different point. Interestingly, the Australian Department of Defence and the Chief of the Defence Force said in letters to counterparts that

“there are no British service personnel who are persons of interest or affected persons as a result of this Inquiry”.

I merely inform the Chamber of what was said at the time.

Questions were asked about the overseas operations Act. That Act was an important attempt to try to reduce the prospect of unlimited clouds hanging over personnel of not knowing whether they would be prosecuted or become the subject of civil proceedings. The new protections for service personnel introduced by that Act apply to any proceedings commenced after 30 June 2021. That Act is not an amnesty, as your Lordships will recall. It raises the bar for prosecutions for alleged historical incidents, and it certainly provides greater certainty to our service personnel.

Your Lordships will recall from when we debated the then Bill in this House that there is now a presumption against prosecution, but it is a rebuttable presumption. The prosecutor has to have regard to various things, not least whether any new evidence has been produced. Finally, before any new proceedings could be brought, the consent of the Attorney-General would be required. Your Lordships will also recall that the Act does not extend protection to specific crimes: sexual offences, genocide, crimes against humanity, war crimes, torture and grave breaches of the Geneva conventions. The restrictions on prosecutions in the overseas operations Act do not apply to any of these offences.

On Clause 28, I must thank the noble Lord, Lord Coaker, for giving me notice of this because it is a technical issue which I was not sighted on. As I think the noble Lord gleaned from my expression in the Corridor, my understanding of the point was limited, but I have made inquiries, and I am advised that Clause 28 of the National Security Bill, if enacted, would not affect the ability of the Secretary of State to establish a statutory inquiry. A Government Minister can establish an inquiry where they consider that particular events have caused or are capable of causing public concern, so it is a broad power that is used in a wide range of circumstances.

However, in law, Clause 28 has a narrow and specific purpose. It amends Schedule 4 to the Serious Crime Act 2007, which, together with Section 52 of that Act, provides for various inchoate offences. I appreciate that we are not sitting in a Chamber crammed full of lawyers, but “inchoate” is an offence anticipating or preparatory to a further criminal act, just to help your Lordships understand that. The Act that is being amended provides for various inchoate offences of encouraging or assisting crime to apply when the Act relates to the commission of an offence overseas. That clause will disapply extraterritorial application when the activity is deemed necessary for the proper exercise of any function of the Armed Forces. This ensures that those working for or on behalf of the Armed Forces in support of activities overseas would not be liable for those offences, but I emphasise the use of the word “proper”. Again, this is not some “get out of jail free” card. If people have behaved improperly, they can expect to be accountable in law. I have no doubt that the noble Lord will want to digest that. If he or the noble Baroness, Lady Smith, have any further questions, I shall be very happy to engage with both of them to see whether I can assist further in clarifying that matter.

The final question the noble Baroness, Lady Smith, asked me, I think, was whether the two judicial reviews are the only cases to be investigated. According to my briefing notes, these are the only two active judicial review applications of which I am aware. I disagree with the noble Baroness—it rarely happens, but on this occasion I do—as she described the inquiry as “limited”. Having looked at the terms of reference, I would describe it as anything but limited. To me, it is one of the most far-reaching and analytical—

[Baroness Smith of Newnham (LD)]

I did not mean that the inquiry was limited; I meant that if we are looking at two cases, that seems to be a relatively small number of allegations that are being looked at, but not that the inquiry itself was limited.

[Baroness Goldie (Con)]

I thank the noble Baroness for the clarification; I apologise if I misrepresented her position. I think we all understand from looking at the terms of reference that the inquiry is going to have a broad scope, immense powers and a real capacity to try to find out what was happening in the periods covered by the terms of reference. I would not want to pre-empt that. It will be for Lord Justice Haddon-Cave, once he has constituted his panel with the inquiry, to proceed and go wherever the evidence takes him. As your Lordships will be aware, in the terms of reference it is hoped that he may be able to report back, albeit on an interim basis, within the next 12 to 18 months, his work starting in January of next year.

[Lord Browne of Ladyton (Lab)]

My Lords, I, too, hold our Armed Forces in the highest esteem. and I welcome this wide-ranging inquiry. However, I am bound to say that I do not think anybody could read this Statement and the detail of the terms of reference without coming away with a very strong sense of disquiet about how these cases were investigated until now and how much other activity beyond these two cases the inquiry will have to investigate.

The Minister refers us to Saifullah and Noorzai, the two judicial review cases which are—or appear to be—key to this investigation happening at all. The second paragraph of the Statement opens:

“The decision has been informed by two ongoing judicial review cases known as Saifullah and Noorzai. The claimants in those cases assert that relevant allegations of unlawful activity were not properly investigated.”


The last sentence of the fourth paragraph reads:

“The Saifullah and Noorzai claimants have been consulted on the terms of reference but I will not comment further on ongoing court proceedings.”


I am bound to say that after a quarter of a century of practising in a court, in plain English that seems to me that we were compelled by the fact that we were going to lose these cases to have this investigation, and that is why the cases have been suspended while a proper investigation takes place.

There is another point I feel bound to ask the Minister about. On 14 July, James Heappey, the Minister for the Armed Forces, answered a UQ arising from a “Panorama” programme, which used language that my noble friend Lord Coaker repeated—and I encourage that sort of language in the House of Commons. He said among other things that the

“alleged criminal events referred to in the … programme have been fully investigated by the service police”.—[Official Report, Commons, 14/7/22; col. 490.]

The circumstances of these two cases, Noorzai and Saifullah, were referred to in the programme. Why is there no mention of this “Panorama” programme in the Statement? A completely different impression was left in July in the House of Commons, and indeed in your Lordships’ House, about the reliability of that “Panorama” programme and the fact that it had happened at all, so why was there no mention of that? Did the Minister for the Armed Forces know about these two ongoing judicial reviews when responding to the UQ? Why did he not mention them to the other place, and why were they not mentioned in your Lordships’ House at that time? That suggests to me that not all the information that should have been given to Parliament was given at that time.

[Baroness Goldie (Con)]

I will deal first with the matter of previous investigations. The noble Lord will be aware that significant investigations and reviews have already been undertaken by the MoD to investigate the allegations. That includes through service police investigations; reference was made to Operations Northmoor and Cestro. Steps have also been taken to improve the service justice system, and the inquiry will take all this into account.

In response to the noble Lord, Lord Coaker, and the noble Baroness, Lady Smith, I said that the Secretary of State proposed back in May that progress should be made on looking at an inquiry. I cannot specifically comment on what my right honourable friend Mr Heappey said in the other place on 14 July; I would need to look at Hansard. I think it would be for him to respond to the noble Lord’s challenge or charge that he did not fully disclose to Parliament what the current situation was. Obviously I am not privy to what he knew, and it will be for him to address these matters.

As I previously indicated, a process was already under way to look at the possibility of a statutory inquiry. On the “Panorama” programme itself, the Royal Military Police has independently requested material from several sources, and legal engagement continues to secure access to that material, but as yet no new evidence has been received. This matter will now pass to the inquiry and to Lord Justice Haddon-Cave to pursue whatever channels of evidence he wants to procure.

I do not think there is anything more I can offer the noble Lord. He will see from the terms of reference that this goes much wider than just the two events investigated under Northmoor and Cestro. There is a very wide remit for the inquiry and for Lord Justice Haddon-Cave to investigate a whole raft of things. To go back to the earlier point on which I think we are all agreed, if anything needs to be discovered and to come out, it is in the interests of all those who serve this country bravely and with the highest standards of professionalism that their reputations are kept intact. If there has been any wrongdoing, this inquiry will seek to uncover that.

[Lord Campbell of Pittenweem (LD)]

My Lords, like others, I too hold our armed services in high esteem. As the Minister has just pointed out, this makes it all the more necessary that we should have an inquiry of the kind that we are discussing.

I begin by acknowledging that the appointment of Lord Justice Haddon-Cave is a very good sign, not least because his previous experience involves other elements of the military. He will therefore start with an advantage compared with someone who might, for example, have spent all his time in the Chancery Court, however worthwhile that time might have been.

The procedure and conduct of this inquiry are to be a matter for the judge. I observe in the description a reference to the fact that closed hearings may be held. Since there is no reference otherwise, does that mean that evidence may be heard in public, always within the discretion of the presiding judge?

The third and last point I want to make is this: I have some limited experience of responsibility in my party in relation to defence. The Saville inquiry took 12 years to produce a report—Saville being, of course, an analysis of what took place on what came to be called Bloody Sunday—while the Chilcot inquiry into the second Gulf War lasted six years. One appreciates the finely balanced tension between detail and getting it right but, the longer the issue is dragged out, the more difficult it may be for people to believe that the word “expeditiously”, which was used in the Statement made in the other place, has any real meaning.

I appreciate that the Minister cannot give any undertakings, but it might perhaps be enough for me to suggest that the issue of “expeditiously” is one that the Ministry of Defence should impress as reasonably as it can upon Lord Justice Haddon-Cave when he begins his inquiry in full.

[Baroness Goldie (Con)]

On the first point raised by the noble Lord, my understanding is that the evidence will be heard in closed hearings. As the noble Lord will understand, we are dealing with a lot of classified information. I thought the noble Lord was going to ask me whether it was truly independent to have this inquiry based in the MoD building; that is happening because the inquiry team will require access, certainly to classified IT, and that cannot be routinely accessed outside the MoD. To reassure your Lordships, this was a decision made by Lord Justice Haddon-Cave and it will ensure that the inquiry can proceed efficiently.

On timescale, there is a mutual interest on the part of the MoD and the inquiry in trying to come to conclusions without the passage of an unduly excessive period of time. Looking at the terms of reference, we see that we are dealing with fairly well-defined circumstances and situations. Lord Justice Haddon-Cave, with his panel for the inquiry board, will have his own view of what he wants to focus on. While it is the case that many investigations have taken place—this has already been referred to—it does mean that some body of evidence will be available and it will be possible for Lord Justice Haddon-Cave to come to his own conclusion about where he wants to reach for his new evidence.

When I say I think there is a mutual interest, the MoD would certainly like to see this concluded expeditiously, and I think Lord Justice Haddon-Cave will want to do that. But the noble Lord, Lord Campbell of Pittenweem, is correct: we do not want to compromise the purity of the investigation by feeling that we have our foot on the accelerator just to come up with a result. That would be an unfortunate conflict. That is why the MoD will be very careful about any engagement, because we do not want to give any impression that we are trying in any way to influence this inquiry. To me, the value of the inquiry is its independence. The noble Lord will understand that there is a mutual interest in everyone hoping that it can get its work under way, procure its evidence, begin to draw its conclusions and make recommendations in a reasonably swift period.

[Lord Campbell of Pittenweem (LD)]

If the Minister will tolerate me intervening again for a moment, the terms of reference say under the heading of “Method”:

“As such, the procedure and conduct of the Inquiry are to be directed by the Inquiry Chair. There will be closed hearings and all necessary steps taken to protect sensitive material and the security of witnesses”,


but they do not say that all hearings will be closed. That ambiguity probably ought to be resolved in some way, lest there should be expectations that are not fulfilled.

[Baroness Goldie (Con)]

I hear the noble Lord and I will certainly seek to obtain further clarification. I rather took it at face value—that there will be closed hearings, as a statement of fact—but I will go back and double check.

[Baroness Bennett of Manor Castle (GP)]

My Lords, I join the Front Bench spokespeople in welcoming in particular the part of the Statement that says that

“all service personnel, veterans, and current and former civil servants who are asked to engage with the inquiry”

will be

“given full legal and pastoral support.”

That is obviously appropriate, given the horrors of what so many people went through in Afghanistan, including those affected by the chaotic withdrawal of UK and other troops, the emotional impact of which we have discussed previously your Lordships’ House. I note that that is probably continuing, given that just today, the Taliban have said they are planning to ban girls and women from university education in Afghanistan—just the sort of thing that people saw themselves as there fighting for.

My question relates to non-military, non-official witnesses, who I assume will be Afghans. Should they be available for the inquiry, will they also get full legal and pastoral support? Obviously, we would need top-quality interpreters and support for those witnesses, many of whom may well be refugees. Will they be given the opportunity to reach the UK and testify to the inquiry if they are not currently here?

[Baroness Goldie (Con)]

The information I have about the support being provided to witnesses is that all members of the Armed Forces, including the Reserve Forces, MoD civilians and veterans, are entitled to legal support, at public expense, when they face allegations that relate to actions taken during their employment or service and when they were performing their duties. Witnesses called up by the inquiry will be contacted by the MoD to discuss appropriate support. My understanding is that this is for everyone, serving and civilian, and both those giving evidence for and against the MoD. I have no further information about the position on support for witnesses who may be coming from abroad, but I undertake to look into that, and I will write to the noble Baroness if I can get further information.

House adjourned at 7.58 pm.