(2 years, 2 months ago)
Lords ChamberMy Lords, as so often on these occasions, I rise in many ways to endorse all the questions and comments of the noble Lord, Lord Coaker, and to echo the support for His Majesty’s Government’s commitment to Ukraine. It is very welcome that the Secretary of State for Defence, reiterated by the Minister, noted the commitment to continue to support the Ukrainian people, which is absolutely right. They are defending their homeland against an illegal invasion, and it is absolutely right that we should continue to support them.
In light of that—in many ways, I might sound a bit like an echo of the Labour Front Bench—what assessment have the Government made of the relationship with Iran? That is a slightly different question, but if the kamikaze drones are coming from Iran, and there is a fairly strong sense that they are, have the Government made any further assessment of how dependent Russia is or might be on Iranian weapons? There is surely a danger of escalation into a wider region. Given that the United Kingdom, along with many of our allies, has supported the reintroduction of the JCPOA, where are we in negotiations with Iran, and is that an area where the Government could hold to account the Government of Iran?
Turning to the question of escalation over the Black Sea, to what extent are His Majesty’s Government satisfied that the incident with the Russian fighter jet was a one-off? Was it just an accident? Is there not a danger of escalation if we now feel that we need to send our unmanned flights with armed support? To what extent is there a danger of unintended consequences as the United Kingdom responds to unintentional attacks—if we are being generous in our analysis of what Russia may or may not have done?
Beyond that, it is very welcome that we are continuing to train Ukrainian soldiers. The numbers we are training sound very positive, and similarly, sending cold-weather kit is highly desirable. What other activities are His Majesty’s Government undertaking to support Ukraine in a non-military sense? As the noble Lord, Lord Coaker, pointed out, Russia has been attacking critical infrastructure, particularly energy sources. To what extent is the United Kingdom seeking to support Ukraine to make sure it can keep the lights on? On the diplomatic approach, to what extent is His Majesty’s Government having conversations with China, perhaps in margins of the United Nations and elsewhere? Whatever our difficulties with China might be on some issues, it is perhaps best placed to persuade Putin that further perpetration of this illegal war is not in Russia’s interests, and that deconflicting the situation is possibly best promoted by China. Are the Government discussing this informally, behind the scenes?
Finally, obviously, I have to ask about defence expenditure. Liz Truss committed to 3% by 2030. The Chancellor of the Exchequer—the Jeremy Hunt version—did not rule that in. Does the Minister believe that there is a firm commitment to 3% of GDP for defence? Will she and the Secretary of State please fight to ensure that we keep our defence expenditure where it needs to be to keep this country secure and to support all our commitments to NATO and other allies?
I thank the noble Lord for his questions. In relation to what has been supplied and how we pay when we come to replenish it, the MoD has proceeded on the basis that it will be paid for by the Treasury. That has been a negotiated position and it is one I would expect to be obtempered and to continue.
On Ukraine’s infrastructure, I indicated to the noble Baroness, Lady Smith, some of what the UK was trying to do. As I observed earlier this week, the EU has shown commendable willingness to group together to support the endeavour, discussing with friends and allies how we best make an impact on supporting Ukraine. I reassure the noble Lord that the UK is working closely with the EU on providing Ukraine with military equipment, cyber resilience and humanitarian and economic support—not least with sanctions, energy resilience and countering Russian disinformation. There is work going on. It is perhaps a broader issue than for the MoD, and I am sure it is one that my noble friend Lord Ahmad would be very pleased to take up with the noble Lord.
If there are no other Back-Bench speakers, I would like to ask a question on behalf of my noble friend Lord Campbell, who is absent from the Chamber. I think he perhaps misunderstood the timing of a Statement repeat rather than an Urgent Question repeat. I believe he was going to ask the Minister whether it would be possible to answer a question that both he and I have raised on a couple of occasions recently about the ability of the United Kingdom to continue to supply weapons to Ukraine and about the supply-chain issues. Clearly, it is something on which reassurance would be important.
I find it difficult to see in the noble Baroness, Lady Smith, the demeanour of the noble Lord, Lord Campbell of Pittenweem, but as a proxy she is very capable. I know that the noble Lord, Lord Campbell, is concerned and there is legitimate interest in how we replenish, how we fund and how we keep supplying. I can say that we continually manage and analyse our stock of weapons and munitions, so when the Secretary of State makes an announcement, it has been carefully considered before it is made public. We make these decisions against commitments and threats, because we have our own national security to think of.
We also have to review industrial capacity and supply chains, both domestically and internationally, so that informs not just the numbers of munitions we have granted in kind to the armed forces of Ukraine but the avenues of supply. I can say that industry has been extremely supportive in all of this, and, of course, the noble Baroness will understand that the UK does not work in isolation. We of course have discussions with our partners and allies and then we have discussions with the industry suppliers because it is quite a complicated jigsaw, as the noble Baroness will know. It is a complicated jigsaw because there are a lot of pieces that we keep having to make sure are fitting together. I want to put on record that industry has been very supportive. We work bilaterally with industry, but we also work closely with our international partners, as we are trying to make a coherent presentation and to avoid duplicating what one another is trying to do.
(2 years, 2 months ago)
Grand CommitteeMy Lords, like the noble and gallant Lord, Lord Craig of Radley, on reading the overriding objective as outlined in the statutory instrument, my sense was that it appears in some ways to be motherhood and apple pie. It would seem self-evident that an overriding objective should be that cases should be dealt with justly. How else should we expect the law to be administered? However, the important thing is that the intention is to bring courts martial in alignment as closely as possible with civilian courts, and that is welcome. His honour Shaun Lyons recommended that and that the Government are finally bringing that within the scope of service justice seems entirely appropriate. Similarly, the point about female representation, following from the Atherton report, is welcome, and the Minister’s explanation of why it goes beyond simply sexual crimes and the like is wholly appropriate.
Therefore, in the absence of my noble friend Lord Thomas of Gresford, I am not sure there will be any specific questions from the Liberal Democrat Benches. I realise I should have brought in reinforcements because Liberal Democrats feel that service justice is always best dealt with by my noble friend Lord Thomas of Gresford.
My Lords, I presume that prior to the very welcome rules female board members were never present. Was that the case? I am looking at Rule 3A(1). How often do these boards sit? One presumes it is as events dictate, but how many are there in the average year? What number are we dealing with? This issue is central to the rules and some numbers might help. Finally, can the Minister furnish an example of gender representation—a woman/she/they—on a given present board? Is an example available?
(2 years, 2 months ago)
Grand CommitteeMy Lords, this is a very detailed piece of work, all 73 pages of it, and I commend the efforts and industry of all those involved in preparing it for publication. But this covenant concept had its origins as far back as 2000, and even before; it was very much championed in the mid-noughties by the noble Lord, Lord Dannatt, when he was Chief of the General Staff.
In 2007, the Government recognised that all three services should be considered. They produced a Command Paper, CM 7424, dated 1 July 2008, The Nation’s Commitment: Cross-Government Support to our Armed Forces, their Families and Veterans. It opened with an enthusiastic message of intentions and promises, signed by the then Prime Minister Gordon Brown. However, in spite of the Command Paper’s promising title, his Government stopped short of legislation and sought to encourage local authorities, service charities and private businesses to participate voluntarily. It took the incoming coalition Government, while encouraging the voluntary approach, to introduce a statutory mention when updating the Armed Forces Act 2006.
As someone who has tabled or supported amendments about the covenant in the relevant 2011 Act, and in subsequent quinquennial updates of the 2006 Act, I have become somewhat involved with pushing the covenant’s progress and development through statute. But one needs a surgeon’s magnifying spectacles to discern the glacial progress, over a quarter of a century, to get even as far as today’s incomplete commitment. In 2011, all that the Government proposed was a minimalist inclusion in statute. It was to add a single-line clause requiring just an annual report to Parliament under a heading “Miscellaneous” in an identically named “Miscellaneous Part”, near the back end of that 350-page Act and immediately following Section 359. That section pardoned World War I servicemen executed then for disciplinary offences, recognising these deceased veterans as victims.
As a result of my objections, and following negotiations with Ministers in the Summer Recess, a new Part 16A headed “Armed Forces covenant report” was created. This gave the covenant the greater visibility it deserves in legislation. However, the Government then resisted my suggestion at the time that the central heading should be “Armed Forces covenant” and not “Armed Forces covenant report”. I was quietly amused to note that the Government introduced that semantic change in their amendments last year.
I was also pleased to see reference in paragraph 14 of the Explanatory Memorandum to my specific amendment which ping-ponged last December, leading to the Government’s undertaking to complete a report on the operation of the covenant duty next year. In particular, it will consider whether central government and any of its functions could usefully be added. The noble Baroness will need no reminding of the importance that I attach to this aspect of the review.
I was also struck that in paragraphs 1.31 and 1.41 of the statutory guidance, in section 1J and headed “the Armed Forces community”, “veteran”, when applied to former members of the Armed Forces, meant that they were in scope of the duty only if they are ordinarily resident in the UK. I accept, as a consequence of those authorities listed to exercise this duty all being those which have no overseas function, that that is true. But at all costs it must not be turned on its head and misconstrued as suggesting that classification as a veteran depends on being ordinarily resident in the UK.
Looking to the future, if central government were to have this duty, as I hope, a veteran and former member of His Majesty’s Armed Forces who has chosen to live abroad must lie within central government scope. Attempts to define veterans by location are wrong and would be better avoided. Even the definition used in the guidance is unfortunate if it causes confusion or upset to veterans, wherever they live. There is a duty of care to those who have served in the Armed Forces and retired—in agreed language, veterans. They must never be geographically shut out of the approved scope of that duty, to which they become entitled by statute; I hope that the Minister agrees. However, I support the SI.
My Lords, it is a pleasure to rise after the noble and gallant Lord, who brings a wealth of expertise to this afternoon’s debate on this statutory instrument. Like him, I am pleased to see the guidance and to have this opportunity to discuss the instrument. Also like him, I note that there are still some gaps in the legislation.
As I read through this statutory instrument, my mind turned back in particular to the 2021 Act and the fact that, at various points during its passage, many of the noble Lords and noble and gallant Lords who rose to speak asked about the role of central government. Although we acknowledge the importance of imposing duties on local authorities, I believe there is still a question about what duty we put on central government. At the moment, the legislation talks only about consultations with the devolved Administrations and certain departments: the Department for Education, the Department of Health and Social Care and the Department for Levelling Up, Housing and Communities. Obviously, that speaks to the three core aspects of the duties—education, healthcare and housing—but what thought have the Government paid to whether those duties should be widened to central government more generally? I ask this precisely because, as the noble and gallant Lord, Lord Craig of Radley, pointed out, to the extent that the duties and benefits of the Armed Forces covenant relate to veterans, they should not be determined by their geographical location. It is wholly wrong to give somebody rights only if they are resident in the United Kingdom. If they are veterans who have served with His Majesty’s Armed Forces, they should be within scope.
Beyond that, I have a couple of specific questions associated with this statutory instrument. It is absolutely right that the Government are taking a broad view of what it means to be part of a family, going beyond the traditional view of a spouse and children of a traditional marriage. There are now many other types of family that would be affected, so that view is clearly right, but can the Minister explain a little more about how the Government would interpret, and how service providers should be expected to interpret, Regulation 3(3), which states:
“For the purposes of this regulation, references to A’s spouse or civil partner includes … a person whose relationship with A is akin to a relationship between spouses or civil partners”?
At one level, that might seem self-evident. However, if we are looking at local authorities being requested to find housing, how established does the relationship have to be? How will it be evaluated and what guidance will be given to local authorities when looking at housing provision, for example?
Similarly, with a wide understanding of children, stepchildren and other relatives, we could see quite wide sets of family relations. To what extent will that be considered in looking at housing, for example? If stepchildren arrive every other weekend, should they be taken into consideration when looking at local housing provision? Similarly, how extensive a group of family members might be considered for education and school waiting lists? What are the implications of that?
Regulation 3(3)(b) talks about
“a former spouse or civil partner or a person whose relationship with A was formerly akin to a relationship between spouses or civil partners.”
Again, how will that be evaluated? It might seem quite clear cut if somebody was part of an established relationship for 20 years, but how will a former partner who has been divorced, remarried and has not suffered as being part of the Armed Forces family in quite the same way be evaluated when people say, “We think we should be covered under the Armed Forces covenant”?
None of this is intended to sound churlish in any way; it is to probe the Government about how service providers are meant to interpret this. It is right that we should be generous and expansive in the way that we interpret the family, but it is also important that there are no ambiguities in the proposals put forward.
Finally, I could not see anything in the points on healthcare about dentistry. Maybe I missed it, but one of the big issues at the moment is the difficulty of people finding NHS dentists. If that is true for stable members of the population who do not move very much, how much truer will it be of the Armed Forces and their families? Is dentistry included, and if not, could it be?
My Lords, I thank the Minister for her usual informative and fluent explanation, and for the detail of the department’s Explanatory Memorandum. It is always a privilege to speak in any debate graced by the noble and gallant Lord, Lord Craig. One learned from the historical viewpoint of the emergence of the covenant. I will be brief.
Paragraph 7.4 of the Explanatory Memorandum says that the duty aims
“to address the disparity of awareness of the Covenant”.
Paragraph 7.5 talks about “former service members” and a “broad approach”, and says that
“those outside the ‘traditional’ family may well be impacted by Service life.”
Those are important statements and it is good that they are highlighted in the papers before us.
The tradition of Armed Forces Day helps to address the challenge around the covenant. I do not think we can praise Armed Forces Day too highly. It is good that it has re-emerged after Covid.
The covenant helps evoke patriotism. Professor Helen Thompson, a left-leaning professor at Cambridge, recently said in the New Statesman that Britishness is still best defined as monarchy and the military. That is not for debate now, but if one is considering patriotism, the covenant and Armed Forces Day, that is a relevant foundational statement to make.
Further, paragraph 10.2 of the Explanatory Memorandum refers to local government associations. One local government unit, Flintshire County Council in north-east Wales, has a very fine record of helping those who were in the Armed Forces. Armed Forces Day in Flintshire is always heavily subscribed by the local government. The current Armed Forces champion is county councillor David Evans OBE. He is worthy of a mention, as was his predecessor, Andrew Dunbobbin, who is now the police and crime commissioner for north Wales. The county of Flintshire has a very fine record.
(2 years, 2 months ago)
Lords ChamberAs the noble and learned Lord is aware, the United Kingdom is sympathetic to Ukraine’s desire to join NATO. We are supportive of that aspiration, in line with the 2008 Bucharest summit declaration. However, at the end of the day, any decision on membership is for NATO allies and for aspirant countries to take.
The right reverend Prelate mentioned the drone attacks yesterday. What assessment have the Government made of the impact on Ukraine of the loss of power—about 30% of power has been lost—and is the West able to support Ukraine to keep the lights on?
(2 years, 2 months ago)
Lords ChamberMy Lords, from these Benches, I also associate myself with the comments made from the Opposition Front Bench that we strongly support the Government’s response to support Ukraine from the outset of the conflict six months ago. In his response yesterday, Minister Shelbrooke gave a list of the commitments that the MoD has already made. The noble Baroness has just reiterated the MoD’s commitment to continue giving as much support as possible to Ukraine. While that is welcome, we need some reassurance that the MoD has enough ammunition and other supplies—either available or coming on stream—so that these commitments can actually be delivered. Can the Minister reassure us of that?
That is an important question about an issue which I know occupies the thoughts of many. I reassure the House that the Ministry of Defence continually manages and analyses our stock of weapons and munitions against commitments and threats, while reviewing industrial capacity and supply chains both domestically and internationally. These considerations have informed both the numbers of munitions granted in kind to the armed forces of Ukraine and their avenues of supply. We remain fully engaged with industry allies and partners, and, as I said earlier, the MoD is utterly resolved to continue with this important support in kind.
(2 years, 2 months ago)
Lords ChamberAgain, I would be hazarding a guess as to the total number. It is a healthy number, but I will get a specific answer to my noble friend’s question and write to him.
My Lords, in responding to the initial Question, the Minister pointed out that various ships are in dock having PIP done. That is great—but what went wrong with the original procurement? What went wrong with the Queen Elizabeth class such that HMS “Prince of Wales” needed to come back to dock? Can the Minister reassure the House that, with the current shipbuilding process, ships will be fit for purpose first time round and not have to come back for maintenance quite so promptly?
As the noble Baroness will be aware, the propulsion issue that arose with the Type 45s was a complex technical issue. Indeed, it has been a complex engineering project to rectify it, but, thanks to the evidence through “Dauntless”, we are now satisfied that very healthy progress has been made.
As I have said previously in the Chamber, the case of HMS “Prince of Wales” is unfortunate. I understand that she has now made it to Rosyth, which is good news, and will be going into dry dock. We will then be able to explore in more detail the exact nature of the fault. It is not thought to be a class fault. HMS “Queen Elizabeth” has been inspected and is continuing to discharge her duties in the US in support of the Atlantic Future Forum.
(2 years, 3 months ago)
Lords ChamberI hesitate to contradict my noble friend; I know he poses his question in very good faith. I would say to him that the role that the British military has been playing in relation to Ukraine is essentially one of support and advice, and of course, most recently and importantly, of training within this country—a very welcome facility for the armed forces of Ukraine. We also maintain our necessary capability to protect the security and defence of this country.
My Lords, for once the noble Lord, Lord West of Spithead, focused on helicopters and the air; I will focus on the sea. In the light of the fact that HMS “Prince of Wales” had to come back to dock because of technical issues and that earlier in the year all the Type 45s were in dock because of various issues, does the Minister feel that our naval capability is adequate, and what focus will Her Majesty’s Government, with the new Prime Minister, be putting on making sure that we are sufficiently resilient in the naval sphere?
On the HMS “Prince of Wales”, that has of course been a regrettable development. I can confirm that the “Prince of Wales” is alongside in Portsmouth and will proceed to Rosyth dry dock in due course. In the meantime, HMS “Queen Elizabeth” has departed to carry out duties with the United States. On the broader question of the fleet, the noble Baroness will be aware that the fleet has been a very important supporter of the carrier project. Many of our ships were in attendance discharging duties. Most recently, there have been ships in the Mediterranean escorting Russian ships. I therefore reassure your Lordships that the fleet is in a good state. What is exciting is the planned development of the fleet, not just with Type 26 and Type 31 but now with Type 32 and Type 83 coming into scope.
(2 years, 3 months ago)
Lords ChamberI totally agree. That is a widely held assessment which is indicative of why NATO partners and members and the wider partnership of nations which wish to support Ukraine and defeat President Putin in his illegal incursion into Ukraine are very clear that we have to work to secure the security of the Baltic states, as my noble friend indicated. He will be aware that extensive co-operation now exists on a military basis up there, not least the forward presence, and training continues to ensure that our friends in that area are reassured that we are cognisant of risk and want to do our part to assist them.
My Lords, in her response on the Statement on Monday evening, the Minister pointed out that we are working as closely as possible with our allies on Ukraine. It was suggested in the Financial Times that the EU would invite the UK to join the European security summit in Prague. If it does so, will Her Majesty’s Government accept the invitation to keep those dialogues going, as they are just as important in a European context as NATO discussions?
The noble Baroness’s colleague posed the same question to me on Monday evening. I was able to pledge that I would take that matter back and have done so. I have referred it to officials; it will essentially be an FCDO responsibility. We have been very clear as a Government that we want to co-operate with all those who are sympathetic to supporting Ukraine.
(2 years, 5 months ago)
Lords ChamberAs the noble Lord is aware, people will have varying views on the appropriate percentage of GDP to spend on defence. We have laid down a clearly structured plan based on the integrated review and the defence Command Paper, and we regularly make available progress reports—for example, our annual review of the equipment plan—on where we are in the delivery of all that. We constantly assess need and identify and assess threat. We try to make sure that the two are aligned and that we meet the one with the other, and that is a sensible way to proceed.
My Lords, there is a theme on all sides of your Lordships’ House that perhaps 2.5% is insufficient—or at least can be overtaken by inflation, which is looking to move to double digits, and the exchange rate, which has gone down yet again today. What work are Her Majesty’s Government doing to ensure that the 2.5%, or whatever is spent on defence, will be adequate for everything the Government claim they will achieve?
As I have indicated to the Chamber, there is a regular assessment by the MoD of both the threat we have to meet and the means by which we meet it. For example, the equipment plan—a massive plan—is kept under constant review to ensure that it is delivering the capabilities required to let us deliver our strategic outcomes. Major changes are normally undertaken as part of a formal government-led review process, but the MoD conducts an annual review to ensure that capabilities are not just being delivered but are still the right ones to meet the evolving threat.
(2 years, 5 months ago)
Lords ChamberMy Lords, we of course fully support this SI so that the Armed Forces Act 2006 can remain in force. It gives us a chance once again to offer the Armed Forces our full support and acknowledge all that they do, as the Minister said. The order is essential for the Armed Forces to be maintained as disciplined bodies. Indeed, it is as a result of this discipline that our Armed Forces are so successful in the discharge of their duties, whether at home or abroad, which she outlined for us. The need for our Armed Forces has been brought into sharp focus by events in Ukraine following Russia’s illegal invasion.
We are all proud of the way in which our country has supported Ukraine, and we need to ensure that it goes on as long as necessary. I ask the Government continually to explain to the British public the importance of our efforts and that we are defending democracy and freedom in eastern Europe, and for the rest of Europe and ourselves. Their fight is our fight. There will be other occasions to discuss this more broadly as well as the recent NATO summit in Madrid, the new strategy that emerged from it, defence spending and the future of our Armed Forces, including the mistake, as we see it, of reducing our Army by 10,000 troops, a decision which needs to be reviewed.
I have one specific question relating to the order. It is about Article 1(2), which states:
“This Order extends to England and Wales, Scotland, Northern Ireland, the Isle of Man and the British overseas territories”.
I understand that, but can the Minister explain why it continues:
“(except Gibraltar) and the Channel Islands”?
We have a base in Gibraltar and our Armed Forces serve there, and I assume that there are some Armed Forces activities in and around the Channel Islands, and I wonder why they are not included.
I thank the Minister for her comments. As she said, we are rightly proud of our Armed Forces, whether they are supporting local communities, delivering aid or defending human rights, democracy and freedom in Europe and beyond. We will never take them for granted. They are respected across this Parliament and across the world, and for that we are humbled and grateful.
From these Benches I echo the words of the noble Lord, Lord Coaker, and the Minister in supporting the Armed Forces and recognising the huge debt that we as a country owe them every day of every year.
When I realised there was yet another Armed Forces Act (Continuation) Order, I began to think that perhaps I was getting so old that time was running away from me, because it did not feel like a year since we last debated the continuation of the Armed Forces Act. Then I looked and realised that Her Majesty gave Royal Assent only in December 2021, so it is not quite that we have gone a year without discussing the Armed Forces.
In some ways, this legislation ought to be the most important parliamentary business that we conduct. Having our Armed Forces is vital. We often talk about the security of the realm being the most important duty of government, but at the moment we do not see very many people on the Government Benches. It may be that noble Lords are busy trying to work out whether there is indeed a Government who are going to ensure that the Armed Forces provide the security of the realm at the moment. I hope that the Secretary of State for Defence will remain in his role for a little while longer, because we clearly need to ensure that defence is a top priority.
This is a very simple piece of legislation, but it is very important. As the noble Lord, Lord Coaker, said, it matters because of discipline. The Minister mentioned that statutory instruments will be coming forward in future. I looked to see whether my noble friend Lord Thomas was here because I normally rely on him to deal with the legal aspect of forces discipline and those aspects of Armed Forces legislation.
This order gives us the opportunity not just to pay tribute to our Armed Forces but to ask Her Majesty’s Government what they are doing not just to ensure that there can be service discipline and that our Armed Forces are loyal to the Queen, but that as a country and a Parliament we are ensuring that our Armed Forces have the resources they require in terms of procurement, that the equipment they work with is adequate and does not cause health issues, that they have adequate accommodation, that their morale is ensured, and that we look again at forces numbers because having legislation that simply says “We have Armed Forces” is not sufficient. We need to ensure that our Armed Forces are fit for the 21st century and for the many tasks that are asked of them. I hope that in her reply the Minister will be able to go a little broader than the legislation in front of us today.