Sheffield Forgemasters

Baroness Smith of Newnham Excerpts

Wednesday 8th September 2021 Lords Chamber

[Baroness Goldie (Con)]

Yes, I am happy to give my noble friend that assurance. It is demonstrated by our commitment to provide up to £400 million of funding to the company over the next 10 years. Some of the defence programmes that Sheffield Forgemasters is a unique supplier to will in fact stretch beyond that period, so we have acted to ensure that the company continues to be able to meet these long-term requirements.

[Baroness Smith of Newnham (LD)]

My Lords, the cost of Sheffield Forgemasters was £2.56 million and there is already an agreement to have another £400 million of expenditure. To what extent is that coming from existing defence budgets and to what extent is that additional expenditure? Is this because, yet again, a defence procurement has not been fully thought through?

[Baroness Goldie (Con)]

As I think is universally understood, this was really a stand-alone case and a matter for essential intervention to preserve critical national infrastructure. The financial undertakings to which the MoD has committed itself include the share capital purchase, as the noble Baroness has indicated. It also includes taking on and refinancing the current indebtedness, which is approximately £19 million, and the capital investment that we have just been discussing. I say to the noble Baroness, as I observed earlier to the noble Lord, Lord Walney, that this is a company with an exciting commercial future. This is an ongoing enterprise and defence’s role is to ensure, as my noble friend inquired about in the previous question, that this company has a secure future—a sufficiently secure future that we can return it to the private sector.

Armed Forces Bill

Baroness Smith of Newnham Excerpts

2nd reading
Tuesday 7th September 2021 Lords Chamber

[Baroness Smith of Newnham (LD)]

My Lords, from these Benches as from the Opposition Benches, I support this Bill. As we have already heard, this is the once-every-five-years Armed Forces Bill, following very swiftly on from the annual Bill to ensure that the Armed Forces continue and quite swiftly on from the overseas operations Bill. In recent weeks and months, we have therefore had the opportunity to talk quite frequently about the Armed Forces and as much about our duties to them as about theirs to our country.

I welcome this Bill and certain aspects of it in particular, but as many noble Lords have pointed out, there are some aspects which could go further and some aspects on which we will certainly move amendments. Some will be probing and others very much will not be—they will seek to change the Bill.

While this is in many ways a welcome Bill, which clearly has support across the Chamber—with the partial exception of the noble Baroness, Lady Bennett of Manor Castle, who had a few more caveats than the rest of us—there are two areas where we will want significant change. The first is service justice and a change to Clause 7, while the other is aspects of the Armed Forces covenant.

I do not propose to rehearse the comments made by my noble friend Lord Thomas of Gresford; the reason I asked him to open for the Liberal Democrat Benches was because I knew that he had the expertise to talk about military justice that I absolutely do not. Please take it as read that I am in complete agreement with everything he said, and that is very much the Liberal Democrat position. Any amendment that my noble friend proposes we will support, but that very much fits with comments that we heard from across the Chamber, including from the noble and gallant Lord, Lord Stirrup.

There are questions about why one aspect of the Lyons review was not brought into this Bill. If the Minister is unable to give satisfactory responses on why military justice should differ from civil justice in the areas of rape, murder and manslaughter, a series of amendments will be brought forward. Whether that is in the form of the inquiry proposed by the noble Lord on the Labour Benches or of a series of explicit amendments, something needs to be done to ensure that everybody receives justice—the women who, as my noble friend Lord Thomas pointed out, currently do not receive justice or the service people against whom the allegations are brought. If incorrect or poor decisions are made, that clearly is not right either for the perpetrator or for those against whom offences are committed. We need to ensure that justice is brought for everybody.

I want to talk in particular about Clause 8 and the Armed Forces covenant. Before I do, I pay tribute in his absence to the noble Lord, Lord Cashman, and the noble Lord, Lord Lexden, for their efforts on posthumous pardons. We obviously welcome Clause 18 and will listen to the amendments that they will bring forward.

A key part of this Bill, and where it differs from previous Armed Forces Bills, is the focus on the Armed Forces covenant; all Members are committed to it but there appear to be questions about how far it goes. It is obviously welcome that it is being put on a statutory footing, but what good does that do? As the noble and gallant Lord, Lord Stirrup, implied, there are no clear legal implications from the duty to have due regard in the areas of health, education and housing. Can the Minister tell the House what that might mean in practical terms?

The phrase “due regard” sounds good and legalistic, but what does it mean in practice? We can say to service personnel who are looking to their future, “It’s fine. The Armed Forces covenant is enshrined in law. The local authority will have to give due regard”. However, if the local authority says, “We have no funds—we can’t make any difference. We’ve paid due regard, but the Covid crisis has left us almost bankrupt. We can’t do anything”, what will central government do about that? I say as somebody who was on Cambridge City Council as a portfolio holder, including for customer services and resources for some years, that there is a tendency for Governments of whatever political persuasion to give duties to local authorities. They may give a small amount of money, but it never covers the cost of what is required.

The areas in the Bill on the Armed Forces covenant are very much ones where local authorities are already under pressure. What will the Government do to ensure that local authorities and public health bodies will be able to do anything more than pay lip service to the duty to have due regard to health, education and housing? As the noble Lord, Lord Balfe, pointed out, veteran homelessness is a significant issue. What support will local authorities be given to deal with that aspect of the covenant? A lot more work needs to be done in the Bill on those areas, and I propose to table amendments on the financial aspects.

However, as several other noble Lords have pointed out, we see the duty to have due regard only at the local level, not at the national level. What assessment have the Government made of creating a duty for themselves to pay due regard to the Armed Forces covenant? Are there particular departments of state that could be looking at the Armed Forces covenant? Should those educational duties be on local education authorities or should the Department for Education be doing something? What is happening at the UK level? What should be happening at the Scottish, Welsh and Northern Ireland levels?

In addition to the aspects on the face of the Bill, like my noble friend Lady Brinton I raise the issue of PTSD—a very particular aspect of the health, particularly mental health, areas of the Armed Forces covenant. This puts it very much in the context that the noble Lord, Lord Coaker, talked about in his opening remarks, as did the noble Baroness, Lady Bennett. This Bill must be seen in context. We can see that context in a general way or a very specific one. The general way is, as the noble Lord, Lord Robathan, sought to do—to say that this has been a military disaster and that we in the West are being laughed at. There is a case for looking at the UK’s role in Afghanistan and our role with NATO, but I do not believe that that is for this debate or this Bill. There are lessons to be learned, but they are not issues that we can deal with in this Bill.

What we can do is think about the veterans of Op Herrick and Op Pitting and the service men and women who have been involved, because we have a duty to all of them. As my noble friend Lady Brinton pointed out, the danger is that recent events in Afghanistan are triggering our service veterans, who have in many cases been on several tours of duty there. Can the Government commit to putting more resources into ensuring that PTSD can be treated, and that veterans and current service personnel can be looked after as quickly as possible?

I have no service background, but in the last three weeks I have talked to people who have been involved with the UN, the British Council and our Armed Forces. Talking to people with hands-on, personal experience of those who are currently at risk in Afghanistan is incredibly moving because they are so concerned about the people now at risk of losing their lives—people they have worked alongside and who have worked for them. They feel a personal responsibility, in the way that we as a country and the Government, as responsible for the Armed Forces, all have a duty to the service personnel, as well as to those we are evacuating from Afghanistan.

My final plea is for the Government to think about extending the Armed Forces covenant to those who have come out of Afghanistan under ARAP, and maybe even those who come through the second tier. If that is to be done, I make a further plea on financing. We have already heard the impassioned pleas from my noble friend Lady Garden about widows’ pensions—a very small number, but it would make a huge difference—but the Government have said they cannot do things retrospectively. We have also heard impassioned speeches from the noble Lords, Lord Dannatt and Lord Bilimoria, about the Gurkhas. If we have not been able to look after those people, we will not be able to look after those who will come from Afghanistan, unless we put the resources in. Could the MoD please think about that? If we do not do that, Operation Warm Welcome will be merely warm words and will not deliver. We owe it to our service men and women, and to those whom we are liberating and bringing back from Afghanistan, to ensure that we give them the warmest of welcomes. We must honour our service personnel, as we all owe them a great debt.

Cadet Forces: Funding

Baroness Smith of Newnham Excerpts

Thursday 22nd July 2021 Grand Committee

[Baroness Smith of Newnham (LD)]

My Lords, unlike every speaker so far, I have no interests to declare in this debate: I was not a cadet and have not had the opportunity to engage with cadets. I am a member of COMEC, the Council of Military Education Committees, through my role in Cambridge, so I have had the opportunity to discuss, to an extent, the role of cadets and OTCs.

Of course, it is very clear that, despite the fact that the MoD partly funds the cadet forces, it is not intended to be a route to membership of the Armed Forces, although for my late friend and my noble friend Lady Garden’s late husband, Lord Garden, there was an opportunity to learn to fly as a cadet. Then, of course, he became a distinguished air marshal, so occasionally there can be a route from being a cadet to the Armed Forces. However, what we have heard so powerfully is that the cadet movement is hugely important in giving opportunities to young people, particularly those who are perhaps less advantaged, to take on challenges in “small chunks”, as the noble Lord, Lord Mountevans, put it. These are opportunities to do activities that they would otherwise perhaps not have—particularly the opportunity to be trained in things that will be exhilarating.

I think the noble Lord, Lord Lingfield, mentioned the importance of shooting ranges. As a member of the Armed Forces Parliamentary Scheme, I, along with other parliamentarians, have had the opportunity to go out on a shooting range and be taught how to shoot by members of the Army. It is very rewarding when you suddenly realise you have got it and managed to hit a target. If I can feel like that in my 50s, what must a young person feel like when they are able to say, “I’m able to do that. That’s a skill I’ve acquired”? There are huge opportunities.

Several noble Lords have assisted the Minister to look at the financial benefits of the cadet forces, but the question asks what assessment the Government have made of the social impact. Have the Government looked at the social impact and to what extent, particularly in the context of 18 months of Covid? What are the Government thinking about ensuring that cadet forces go back to their normal activity? It is great to hear, as my noble friend Lady Garden said, that air cadets are attending Zoom meetings in their uniform and looking smart, but when will they be able to meet again in person? What are the Government doing to ensure that?

Have the Government given any thought to making sure that the new cadet forces formed in schools in the last decade are consolidated? If I read the briefing correctly, about half of school-based cadet forces are recent and are likely to be the most vulnerable. What support is being given to keep them going and, in particular, to support the adult volunteers who are crucial to ensuring that they are really successful?

I pay all tribute to the cadets and to the noble Lord, Lord Lingfield, for bringing this debate. I look forward to the Minister’s answers.

Royal Yacht

Baroness Smith of Newnham Excerpts

Tuesday 13th July 2021 Lords Chamber

[Baroness Goldie (Con) [V]]

The duty of government is to make decisions and judgments. It is the judgment of this Government that the creation of and investment in the new national flagship is a very substantial means of enhancing global engagement, with the specific intention of improving trade relations and identifying and inviting potential global customers to invest in the UK, create jobs and thereby create the wealth and expenditure for the very worthy purposes to which he has referred.

[Baroness Smith of Newnham (LD)]

My Lords, there might be all sorts of very good reasons to have a national flagship, but will the Minister tell the House what the benefit of this to defence is going to be? How does she envisage naval staff being available to equip the ship?

[Baroness Goldie (Con) [V]]

In common with all government departments, the MoD wishes to play its role in supporting the Government. The noble Baroness will be aware that the carrier strike group is currently conducting an important mission overseas, and that is attracting interest from a variety of sources, not least those who wish to engage with us globally with a view to looking at trade opportunities. This proposal complements that approach. Manning the flagship will be a Royal Navy responsibility, but that will be factored into our existing commitments.

Afghan Interpreters: UK Relocation

Baroness Smith of Newnham Excerpts

Tuesday 6th July 2021 Lords Chamber

[Baroness Goldie (Con)]

I would say to the noble Lord, in alignment with my answer to the noble and gallant Lord, Lord Stirrup, that the UK has very much proceeded on the basis of what it considered its obligation as a sovereign state to be. That is why we have proceeded with our particular scheme. I understand that the United States has a scheme. I am not privy to the details of that scheme but we are in close contact with our US colleagues. We understand that they are not only running a similar relocation programme but doing so under their special immigration visa scheme.

[Baroness Smith of Newnham (LD)]

My Lords, the relocation and assistance policy came in on 1 April, and is expected to speed up alongside the withdrawal of NATO troops. In light of the deteriorating situation in Afghanistan, does the Minister believe that there will be sufficient funding, and that the policy is sufficiently wide to support all the people to whom we owe a duty —including interpreters, but also other local supporters?

[Baroness Goldie (Con)]

As the noble Baroness will be aware, the scheme under discussion will remain in force indefinitely, because we consider it our obligation to identify those who are at threat and to act appropriately. We remain committed to working with the United States, and our NATO allies and international partners, to support Afghanistan, and to the ongoing training and mentoring of the Afghan National Defense and Security Forces. We will continue to provide the ANDSF with financial sustainment support until at least 2024.

Military Personnel Overseas: Vaccinations

Baroness Smith of Newnham Excerpts

Thursday 1st July 2021 Lords Chamber

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

The noble Lord is absolutely right that the safety and well-being of our Armed Forces personnel is paramount. Indeed, that was recognised from the start of the pandemic, when the priority was to keep our Armed Forces safe. There were robust safety measures and regimes in place, and that included isolation prior to deployment.

I reassure the noble Lord that when the commencement of the impressively successful vaccination programme began in December 2020, it allowed the MoD to plan and work in tandem with our domestic vaccination programme. Sometimes we were ahead of that, for good operational reasons. The priority for government has been to save the lives of those most at risk. It is right that we followed the advice of the Joint Committee on Vaccination and Immunisation, which was to prioritise those older age groups and the most at risk first, rather than prioritise by occupation.

The noble Lord asked me about Covid cases among UK Armed Forces on operations. The figures I have been given are current as at 28 June this year, and are that the percentage of UK Armed Forces registering positive for Covid is: in the Persian Gulf, 0.4%; in Iraq, 0.3%; in Mali, 1.4%; in Afghanistan, 1%; and in Estonia, 13.2%. He will be aware that there was a higher case rate in Estonia due to a significant changeover of personnel at the time.

I reassure the noble Lord that second doses will be offered in line with clinical advice and the exact circumstances of the deployment. Our target within defence is four to eight weeks after the first dose, although, where there is an operational requirement, such as overseas deployment, we may accelerate second doses, subject to clinical guidance on the recommended gaps between doses. The only prioritisation that was effected was, as he will be aware, in respect of the nuclear deterrent, the carrier strike group and the rapid response Typhoon force.

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

My Lords, this Urgent Question repeat goes back to 23 June. Can the Minister update the House on the figures? We were told that 61% of those on overseas operations had had a second dose of vaccine. What is the percentage now, eight days later? Noting that the Minister for the Armed Forces stated in the other place that by 19 July every member of personnel across defence would have been vaccinated, can she reassure us that that includes junior soldiers at the Army Foundation College in Harrogate, who will be under 18?

[Baroness Goldie (Con)]

To come to the noble Baroness’s last question first, my understanding is that the Ministry of Defence will ensure that every adult is offered their first dose of a Covid-19 vaccine by 19 July, in line with HMG’s accelerated vaccination timelines. Indeed, by that date, many will have completed both doses. I am unaware of the situation in relation to the cohort to which she refers. I undertake to inquire into that and, if I can ascertain further information, I shall write to her.

The noble Baroness asked an important question about percentages of vaccinations given. The figures I have—again, these are as at 28 June 2021—are that: for UK Armed Forces personnel on active operations, 95% have received the first dose, 74% have received the second dose and 2% have refused a dose. As at 28 June for Armed Forces personnel based overseas, excluding operations, my information is that 73% have had a first dose and 35% have had a second dose.

Defence: Continuous At-sea Deterrence

Baroness Smith of Newnham Excerpts

Wednesday 23rd June 2021 Lords Chamber

[Baroness Goldie (Con)]

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

[Baroness Smith of Newnham (LD)]

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

[Baroness Goldie (Con)]

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

Queen’s Speech

Baroness Smith of Newnham Excerpts

Wednesday 19th May 2021 Lords Chamber

[Baroness Smith of Newnham (LD)]

My Lords, as the Minister reminded us, defence is the first duty of government, and no one on these Benches will object to that argument. Defence is clearly crucial. Defence and foreign policy deserve a whole day of debate on the Queen’s Speech, which they have got. However, this set of policies is in some ways less controversial than some of the domestic legislation.

As the noble Lord, Lord Tunnicliffe, pointed out, on defence matters the Government, the Opposition and the Cross Benches act in a very collaborative way across the Chamber. We all benefit from the insights of the noble and gallant Lords and others who have been involved in the military. Like other noble Lords, I pay tribute to our Armed Forces; their role is crucial to the country, and we owe them all a huge debt of gratitude.

The world is in a very complex place, and, after a year of the pandemic, the global threats have not shrunk but merely changed and increased. The Minister talked about Russia, China, North Korea and Iran—and about Russia being in certain places, like Ukraine. There are also issues related to the Arctic. There is a whole set of global threats that we need to think about.

The gracious Speech raised very few issues in relation to defence itself. Listening to it, which I had the great privilege of doing from in the Chamber last week, I thought that there were very few words devoted to defence and a few more to the integrated review. However, clearly the Government have significant pieces of legislation that they wish to bring forward, some of which we have rehearsed already and some of which depend on the defence expenditure, which has already been mentioned.

There is a question about how many times the same increase in defence expenditure can be announced and rehearsed. We heard already, in late 2020, about the additional £24 billion. I do not think that anything new is contained in the gracious Speech and I am not expecting the Chancellor of the Exchequer to bring forward any further funding. Although that increase was welcome, we need to bear in mind that it is a one- off additional expenditure or commitment. It might allow us to have new frigates, and there were certainly words in the briefing that will bring joy to the heart of the noble Lord, Lord West of Spithead, suggesting that ship infrastructure spending—or investment—will double by the end of the Parliament. That is surely welcome.

It is also welcome that our troops will be agile and well supported by tanks, ships and aircraft—but it is also clear that, instead of a headline figure of 80,000 personnel, we are looking at 70,000. Is that something that the Government should countenance and that we should accept? Are our gallant Armed Forces really so resilient that a further cut of 12% is appropriate? If the world is such a dangerous place and if the Government continue to make commitments to deploy right across the globe, as “global Britain” suggests, we need to ensure that everyone is trained and fit to serve—and able to do what we require them to do. That is not simply about each individual; it is about teamwork and ensuring that people can be recruited, trained, deployed and can then have time to decompress. If we are cutting troop numbers, will that be feasible? What work have the Government put in to assessing the impact of the cuts to troop numbers on our service men and women?

A commitment to the Armed Forces covenant and enshrining it in law are welcome but not sufficient: we need to understand that the Government really will deliver on their duty of care to our service men and women and their families. As the noble Lord, Lord Tunnicliffe, pointed out, the noble Lord, Lord Dannatt, put a lot of effort into the overseas operations Bill, in relation to an amendment on the duty of care. Arguably, that Bill was too narrow, but the Government should absolutely have a duty of care to our service men and women. What will they bring forward in the context of the Armed Forces Bill? Of course, although it is flagged in the Queen’s Speech debate, it is not a new piece of legislation—it is already in the House of Commons.

What will the Government do that is concrete? What will they deliver for our veterans? What plans do they have to look after service personnel and veterans who have PTSD? There are issues that, perhaps, were inadequately explored and talked about in the past. We need to deal with veterans’ mental health and ensure that no lives are lost through the suicide of people who have had PTSD.

These are crucial issues, and some clear answers, either now or in the context of the Armed Forces Bill, would be most welcome.

I can see people looking in my direction. I understand that I am speaking from the Front Bench and that I have 10 minutes.

[Noble Lords]

Yes.

[Baroness Smith of Newnham (LD)]

Thank you. In that case, I shall keep going.

Clearly, personnel are vital. Commitments to modernisation are welcome. The question then is, what are we doing with those commitments? HMS “Queen Elizabeth” is a vital asset. Sending it to the Gulf or to the Mediterranean is welcome. Sending it to the South China Sea might raise more questions. What assessment have the Government made of the benefits of sending the “Queen Elizabeth” carrier to the South China Sea? Is it going to assist with trade or a softer-power activity, or is this sabre-rattling? The former is desirable; the latter might raise some questions. It would be worth considering the Government’s intention behind these activities.

The same is true of the increase in defence expenditure. It is not clear from the briefings associated with the gracious Speech whether the Government intend to spend more on the nuclear deterrent, but clearly there is a commitment to increasing the number of warheads. How much of the increase in defence expenditure will go on new facilities and equipment? What percentage is likely to go on the deterrent? We do not suggest that the deterrent should be cut; whether it should be increased is another question.

I have focused predominantly on defence because the 10 or so of my noble friends participating today will talk about wider matters of foreign policy. I have a couple of brief questions about aid and support. It is good to hear that girls are being encouraged into education. The noble Lord, Lord Ahmad, has put a lot of effort into supporting this. The commitment to bringing back aid to 0.7% is welcome. Can the Minister tell us when the fiscal situation might allow this to happen? Predicting the economy is always very difficult but, at the time of the Brexit referendum, the then Chancellor of the Exchequer seemed to think that he could make predictions almost to the pounds, shillings and pence—I deliberately use old money because I think it would be what the Brexiteers would want to hear.

Finally, I turn to human rights. Her Majesty the Queen said that her Government

“will uphold human rights and democracy across the world”.

What efforts will they make to ensure that human rights are upheld in Hong Kong and in Xinjiang? We need this to happen. I hope that the sanctions and boycotting legislation will not prevent businesses putting forward a view that there are going to be places in which they do not wish to trade.

Carrier Strike Group Deployment

Baroness Smith of Newnham Excerpts

Wednesday 28th April 2021 Lords Chamber

[Lord Tunnicliffe (Lab) [V]]

My Lords, we welcome this first major deployment of the “Queen Elizabeth”. The “Queen Elizabeth” and the “Prince of Wales” are the most powerful surface ships ever constructed in Britain. They will strengthen our maritime forces for decades to come, and this maiden mission for the “Queen Elizabeth” is a great achievement for the Royal Navy and a proud moment for our country. Britain has not had a carrier strike force since 2010, when the defence review scrapped all three of our aircraft carriers. This deployment fills a big gap in Britain’s military capability over the past decade. I hope the Minister can confirm that the “Queen Elizabeth” is fully crewed and that the carrier strike group is fully combat ready.

The successful design and build of our two new aircraft carriers is a tribute to the UK’s shipbuilding industry and our UK steelmakers. Can the Secretary of State confirm how much UK-produced steel will be used in the new Type 26s, Type 31s, Astute, Dreadnought and fleet solid support ships?

The new Defence and Security Industrial Strategy states that the Government will publish an updated shipbuilding strategy which

“will set out how the government intends to create the conditions for success for all parts of the enterprise, from shipyards building warships”.

Can the Minister update the House on when the new strategy will be published and how we will be able to monitor its success? This is a big opportunity to back British industry and jobs. The carrier strike group will sail east with the support of US and Dutch naval warships, and with US F-35 fighters on board. It is good that the HMS “Queen Elizabeth” sails with allies, but it is not good if she can sail only with allies. When, if ever, will there be enough British warships to sail with our own British carriers?

This deployment comes on the back of the integrated review, which rightly said that Russia remains

“the most acute threat to our security”.

Can the Minister confirm that the return of HMS “Queen Elizabeth” to military business will involve patrolling the north Atlantic, the high north and the Mediterranean, our NATO area, where Russia poses the greatest threats to our vital national interests?

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

Overseas Operations (Service Personnel and Veterans) Bill

Baroness Smith of Newnham Excerpts

Consideration of Commons amendments
Wednesday 28th April 2021 Lords Chamber

[Lord Robertson of Port Ellen (Lab)]

My Lords, I am grateful for the clarification by the Whip on the Bench. I am going to talk about Amendment A only at the moment, but the Minister clearly was trying to save us time by conflating everything into one. I thank the Minister for her co-operation and help during the course of this particular issue. My prevailing sentiment at the end of this process is relief. I am happy to accept the government amendments that have been put down that discharge the decision taken by the House in its earlier session.

It is a relief that we have, in doing so, saved the Government and, more importantly, the country from the embarrassment, maybe even the humiliation, of challenging international humanitarian law, which would have been the import of where we were going. It was, however, not easy to persuade Ministers and their somewhat acquiescent majority in the other place that this aspect of this Bill would cause more trouble than it would solve. It took two chunks of parliamentary time to persuade them to come to this conclusion this evening, but, finally, sense has prevailed. Our troops, sent overseas in our name, will now not be singled out as being above the law that they seek to uphold. They will not face the prospect of being subject to the jurisdiction of the International Criminal Court. Nor will we, this United Kingdom, become the precedent for every warlord or war criminal to say that our presumption against prosecution after five years would give them some sort of carte blanche to be let off the hook. Improving—some might say saving—this Bill represents the conclusion of a tenacious campaign to draw public and parliamentary attention to its manifest defects.

In particular, I pay tribute to John Healey MP, the shadow Defence Secretary, and Stephen Morgan MP, who sought in the other place to demonstrate the weaknesses of the Bill. I also thank David Davis MP— who I once was in hand-to-hand combat with as his shadow in the days of the Maastricht treaty—who was, in this case, a powerful voice in changing the legislation. I also pay tribute to Dan Harris in the PLP office, who gave so much advice and support to me and my colleagues, my noble friends Lord Tunnicliffe and Lord Touhig, as they campaigned vigorously during this Bill. I also pay tribute to the noble Lords, Lord West, Lord Campbell of Pittenweem and Lord Alton, who were my co-signatories on the key amendment.

I would also like to mention the Financial Times, the Daily Mail and Nick Cohen in the Observer, who also joined in the campaign to change the Government’s mind on this case. A number of NGOs also played a major part in drawing attention to what we are talking about here this evening, and I single out Steve Crawshaw at Freedom from Torture, who did a huge job here. The Bingham Centre, the Law Society, Liberty, the APPG on Drones and the British Legion all offered detailed advice and intelligent, perceptive and constructive criticism of the Bill. It was a Bill that sought to do a commendable service for our fighting forces but which almost ended up leaving them liable to trial in The Hague.

As I said originally, my overwhelming sentiment now is relief, and I welcome the Government’s amendments tonight. Elegantly, they make it clear that war crimes, improbably committed by British troops serving overseas will be subject, as they are in international law, to no time limit at all. I thank the Minister, the noble Baroness, Lady Goldie, for her understanding and indulgence, and I am so pleased this evening to be able to give her support in relation to Motion A.

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

My Lords, between the two items of business on defence matters, the Government Chief Whip pointed out that there are three pieces of legislation still going back and forth between your Lordships’ House and the other place. With regard to the Overseas Operations (Service Personnel and Veterans) Bill, I suspect that this will be the last iteration in either Chamber because, as the noble Lord, Lord Robertson, so eloquently pointed out, the Government’s amendments in lieu of this particularly important amendment basically give everything that we have been asking for at various stages.

I will not rehearse the litany of people that the noble Lord, Lord Robertson, said, had either supported the amendment or given advice on it, other than to say, in line with his sentiments, that the omission of genocide, war crimes and crimes against humanity and torture had potentially created a lacuna in the Bill that could have been detrimental to service personnel and veterans. While the stated intention of the Bill, to deal with vexatious claims, was a good one, the original framing of the Bill was less good. With this amendment, we have moved a long way towards making the Bill fit for purpose and we certainly support the amendments that the Government have brought forward at this stage. I thank the noble Lord, Lord Robertson, for his tenacity in bringing the amendment again and again, and I thank the Minister for listening and for the representations that have gone back and forth between the Chambers. At this stage, I welcome this Motion and expect to see the Bill passing relatively soon.

[Lord Tunnicliffe (Lab) [V]]

My Lords, we welcome the Government’s amendments to ensure that serious offences, including war crimes under the jurisdiction of the ICC, are excluded from the presumption against prosecution. These amendments give full effect to the amendments passed on Report in this House, which were signed by noble and gallant Lords who have much wisdom and guidance, both on military matters and human rights.

It has taken a lot of work to get to this point and is a testament to the important work we do. I thank the noble Lord, Lord Robertson, for his leadership on this issue, as a former head of NATO and former Defence Secretary. I also thank colleagues for the collaborative approach that all sides have shown on this issue. I remind the Minister that this mistake was not discovered at the last minute; it was a glaring issue when the Bill was first published, an issue that threatened our international standing, including that of our Armed Forces, and could have led to British service personnel being called in front of the ICC.

The Government’s amendments mean that our international reputation will not be trashed, but it has been damaged, just like it was by the internal market Bill and by the cut in development spending. It leaves me wondering what message this Government want to send to the world, because the world watches what we do. As the noble Lord, Lord Robertson, said, this would have set a terrible precedent, likely to be grabbed on by many of the worst regimes in the world. I close by imploring Ministers, if they really want Britain to be a moral force for good in the world, to not be so reckless. With this Bill, which still has many flaws, we got there in the end on this issue, and for that, I am grateful.

--- Later in debate ---

[Lord Dannatt (CB) [V]]

My Lords, this is now the fifth time that I have spoken in favour of an amendment to the Bill inviting the Secretary of State for Defence to lay down a duty of care standard to protect the legal, pastoral and mental health support available to serving and veteran members of our Armed Forces involved in investigations or litigation arising from overseas operations.

I continue to be most grateful to the Minister for her courteous but determined rejection of the arguments in favour of such a duty of care standard that have been advanced by many other noble Lords and by me. I am also most grateful for the cross-party, cross-Bench and tri-service support that this amendment has attracted. I have also most carefully read the Hansard reports of the debates on this amendment in the other place. I note support there for the amendment from right honourable and honourable Members from all the main political parties.

Given that the Minister and I are now not going to agree on this issue—I am grateful for her unintended but helpful preview earlier of her arguments in anticipation of this debate—I do not wish to detain your Lordships’ House unduly on this matter this evening. I have previously argued that this is a matter of principle: of the Ministry of Defence showing itself to be a good employer by standing solidly behind its people. I have rejected arguments that a duty of care standard would create a dangerous employment precedent and that it would itself give grounds for serving and veteran personnel to sue the Ministry of Defence.

However, I take away some comfort on behalf of those who are serving or who have served their country in uniform from the commitment by the Government to publish down the chain of command, to serving personnel and out through appropriate means to veteran personnel, a clear statement as to how the Bill when enacted will provide them with a measure of the protection that my amendment sought to put into law. Indeed, I was encouraged to read that in the other place yesterday, the new Minister for Defence People and Veterans, Mr Leo Docherty, said,

“We are aiming for a gold standard and are improving our provision all the time without the requirement for legislation.”—[Official Report, Commons, 27/4/21; col. 287.]


Clearly, there will be no legislation at this time, but I am delighted to hear the pledge of a gold standard. I will not be alone in watching for that gold standard to become manifest.

I will make two final points. First, on a point of principle, it is clearly an appropriate part of our national and political debate about foreign security and defence policy that opinion is often split along party-political lines. However, while that is appropriate, it is not acceptable or appropriate to extend that party division to the treatment of our service men and women and our veterans as people. For our service, on operations overseas and at home, our sworn allegiance is to the Crown and not to the Government of the day. Yes, of course, our elected Governments may well decree that such an operation is in the national interest, and members of the Armed Forces get on and do their duty, often laying their lives on the line on behalf of the nation in so doing. But party politics should not play any part in the way those personnel are treated as people. It has been thoroughly depressing, despite the widespread support for a duty of care standard, that the divisions in your Lordships’ House and in the other place have been along party lines. That is not the way to treat our service people and veterans, who serve the Crown and the people of this country.

Secondly, on a point of opportunity, later in the year the Armed Forces Bill will return to your Lordships’ House, as it does every five years. In the context of further strengthening the Armed Forces covenant, there is an opportunity to look again at issues of the treatment and care of our Armed Forces personnel, serving and veteran. I hope that we will take that opportunity and do so in the spirit of doing the right thing by those people and not just what the party Whips dictate. I believe we owe it to our service personnel to take party politics out of their treatment and care. If we are to seize that opportunity on a point of principle, I believe that difficult and divisive issues arising from operations overseas and in Northern Ireland could be satisfactorily addressed. We must not play party politics with the lives and well-being of those whose duty is to protect the security and interests of our country. I do not regard this matter as closed satisfactorily.

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

The noble Lord, Lord Dannatt, has exhorted us not to play party politics with this issue, and I certainly have no wish to do so. Our duties to our service personnel are crucial. It is absolutely right that the MoD and, by extension, the Government, should be a good employer, and I agree with the noble Lord that that should be a matter of principle.

The issues that the noble Lord has sought to put on the agenda and which we have debated on several occasions now, to ensure legal, pastoral and mental health support for service personnel, are crucial. However, the amendment to the Bill was for a duty of care in very limited circumstance: that for service personnel involved in investigations or litigation arising from overseas operations. That is clearly appropriate within the confines of a narrowly defined Bill. However, the issues are much wider. I am therefore grateful that the noble Lord is not pressing this amendment to a Division this evening, because it would be wise to be able to have a fuller and well-informed debate on a duty of care to be considered in the context of the Armed Forces Bill.

Whether that then takes a statutory form will depend on negotiations and, as the noble Lord suggested, not necessarily party-political discussions, but an understanding of the likely consequences, intended and unintended, of such a duty of care. From these Benches, we absolutely agree with the noble Lord that it is vital that the MoD provides legal, pastoral, and mental health support for service personnel. We must get this issue right, and clearly it is appropriate that we do not divide the House again this evening, but that these issues come back in the next Session and that we keep raising them with the Minister.

[Lord Tunnicliffe (Lab) [V]]

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

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

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

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

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