Armed Forces Bill

Earl Attlee Excerpts

2nd reading
Tuesday 7th September 2021 Lords Chamber

[Earl Attlee (Con)]

My Lords, I am grateful to my noble friend the Minister for explaining the purposes of her Bill. Like many others, I am convinced that the system of the quinquennial review, coupled with an annual renewal, is the right one.

When we have just been defeated in a major overseas military campaign, I do not believe that the usual channels have served this country or the House well by providing us with only five minutes of speaking time to deal with all the G1 matters in defence. Unlike my noble friend Lord Lancaster, I no longer have to declare any interest as a reservist, but I have been subject to service discipline, have exercised summary jurisdiction and have once been subject to summary jurisdiction myself. With hindsight, I realise that it was rather more to do with accounting for a lost camp bed than anything I might have done wrong. However, it was in the mid-1970s. Importantly, I have also served on a court martial a few times.

I have three issues to raise. The first is about opening up the membership of the board of the court martial to certain senior NCOs of OR7 rank, which may have unintended and undesirable effects. It might sound a bit more democratic, but the board is not synonymous with a jury—it is a tribunal. Before starting their training, commissioned officers were very carefully selected for having suitable innate and learned characteristics and capabilities. Warrant officers will also enjoy those characteristics in large measure, and they are already permitted to be on the board. It was only when I became a major and a company commander that I dared to suggest to the RSM that he might do something differently or better. My worry is not that a staff sergeant or equivalent might be too lenient but rather the other way: he or she might not have much sympathy or understanding of a weak or poor-quality serviceman. He or she might also lack the wider knowledge and education of an officer or warrant officer. Furthermore, they may lack the capability of standing firm against a judge advocate who advocates a relatively severe punishment against the wishes of the board, a point touched on by the noble and gallant Lord, Lord Stirrup.

My second issue relates to Clause 7 and follows on from the comments of the noble Lords, Lord Coaker and Lord Thomas of Gresford, and others, including the noble and gallant Lord, who raised the issue of suspicious deaths, rape and sexual assault and any related investigation, prosecution and litigation. I do not believe that the service police or the court martial system are well placed to deal with these matters, as some arise so infrequently while others are extremely difficult to investigate and determine. Moreover, there will always be a suspicion of a cover-up, no matter how unfounded the suggestion is. It would be much better to hand these matters over to a Home Office police force immediately, or as soon as possible, and then exclusively use the civil criminal justice system.

My final point concerns inquests related to deaths on overseas operations. The lawyers, who members of the Armed Forces absolutely love, would argue that we need the inquest system to identify what has gone wrong and prevent a repetition. I suggest that that is a delusional view. If there is a technical failure leading to death, especially with ECM matters, the feedback loop can operate within days. If it is an equipment, tactics or training issue, that weakness is fed back into the training system and to the staff. The idea that an inquest, taking place perhaps 18 months later, is going to add to or improve the process is ludicrous. All it would do is to tie up the staff to no useful effect. As I told your Lordships during the debate on the Chilcot report, the attention paid to each individual fatality incurred on operations is inversely proportional to the number of such casualties.

Media reports of those inquests are an absolute gift to our opponents, who can use them to encourage their own members to take the risk of making further attacks on our people and our friends. These reports could also create a lack of confidence within our own servicepeople and the wider public. I am afraid that the hard fact of life is that “hot” overseas military operations are bound to involve fatalities and serious injuries. The other hard, delicate and unpalatable fact is that the victim—or his or her comrades—is sometimes, sadly, the author of the tragedy. Quite understandably, and for obvious reasons, the MoD and the staff will never make this clear at any inquest. Therefore, there is little chance of the inquest coming to the correct verdict in many of these cases.

I intend to return to these issues at a later stage and will provide strong support on the Clause 7 issues.