Armed Forces Bill

Baroness Miller of Chilthorne Domer Excerpts

Wednesday 6th July 2011 Lords Chamber

[Baroness Miller of Chilthorne Domer]

My Lords, I shall confine my remarks to Clause 25, which is concerned with claims against visiting forces. The role of visiting forces in the UK is defined under the Visiting Forces Act 1952. We in Parliament have very little opportunity to explore and scrutinise the relationship between UK citizens and visiting forces. When questions are asked, they are usually batted back to the questioner with, “We don’t answer questions on matters of security”. There are many interfaces between UK citizens and visiting forces, whether for matters of trespass because the force bases sometimes cross footpaths that have been diverted, or because of protest at those bases. Therefore, it is important that we get any change to this legislation right.

The change proposed in the Bill is quite small on the face of it. At the moment, should a claim be made, the UK Government can handle and settle it, but it is still the visiting force’s responsibility to defend it. My question for the Minister is: why, and for whose benefit, is this change being made? There may well be a very good reason for it. However, when I looked at the Explanatory Notes to discover a little more, the change was explained in paragraph 108 as being made because it was very difficult for the sending state, which would find “itself in unfamiliar proceedings” as the defendant. I find it hard to believe that the USA would have great difficulty in finding a lawyer who could not cope with the unfamiliar proceedings in the UK to defend a case.

This is not a small problem. I am sure that noble Lords are aware of the scale of visiting forces. I could mention, for example, National Security Agency Menwith Hill, better known as USAF Menwith Hill, the scale and importance of which will grow later this year as some of its new facilities are implemented. There is also RAF Fylingdales, USAF Lakenheath, USAF Mildenhall, USAF Croughton, JAC Molesworth, USAF Fairford, USAF Alconbury, the deep space tracking facility at Feltwell and USAF Welford. At all of those bases, the US commander is in charge and the base has a shop, medical facilities and housing; it is a little bit of the USA in the UK. As the USA is our special ally, we have worked very hard over the years to build on that relationship and make sure that we have a very good understanding. However, we in Parliament do not know the basis of that understanding. A lot has changed since the 1950s.

Therefore, I am concerned about whether these changes are being made for the benefit of UK citizens. Will they make matters fairer and easier? I should be very grateful if the Minister could answer any of these questions today. Is this change to the legislation for the benefit of UK citizens, or for the benefit of the visiting forces? As parliamentarians, we want to see that legislation being for the benefit of UK citizens.