Higher Education (Freedom of Speech) Bill

Debate between Earl Howe and Baroness Smith of Newnham

Committee stage
Wednesday 2nd November 2022 Grand Committee

[Lord Triesman (Lab)]

To be very clear, I have no difficulty at all with the concept that people in student unions who impede the free speech and academic freedom of others must be dealt with. For the record, I do not have a second’s question about that. I just want us to do things in this Bill that we can actually do. I wonder whether the noble Earl, Lord Howe, might discuss this offline with some of us who have helped to run these kinds of institutions in the past to see whether there is a practical solution to the problem that my noble friend has just illustrated. I do not know about the LSE, but I will lay odds that most student unions find out what their rugby clubs have done months after the event, if they find out at all.

[Baroness Smith of Newnham (LD)]

They might find out in the newspapers.

[Earl Howe (Con)]

I would hope that a rugby club would not be responsible for inviting somebody to talk about gender politics.

Higher Education (Freedom of Speech) Bill

Debate between Earl Howe and Baroness Smith of Newnham

Committee stage
Monday 31st October 2022 Grand Committee

[Earl Howe (Con)]

I apologise to the Committee. I know that I have been speaking for a long time, but this is the very issue that I was about to come on to next, if my noble friend will allow me.

Amendment 13, which is the amendment that my noble friend was referring to, seeks generally to strengthen the test for what is “reasonably practicable”. It would mean that, in relation to speech of a political, philosophical or academic nature, it would always be reasonably practicable not to interfere; in relation to other speech, it would be reasonably practicable only if taking that step would prejudice the functioning of the provider. I hope that I have paraphrased the issue correctly.

The Government’s position, supported by the OfS, is that we stand for the widest possible definition of free speech—anything within the law—and that, where debate is particularly contentious, it is all the more important that everyone feels able to put forward their views and arguments and be heard, on all sides.

The “reasonably practicable” wording of the main duty means that providers can take account of all their legal duties on a case-by-case basis. But I must be clear that my noble friend’s proposed strengthened test goes too far in not allowing providers to take account of all the relevant circumstances, including their other legal duties—for example, to prevent unlawful discrimination or harassment, or to comply with the Prevent duty so as to stop students and others being drawn into terrorism. There may be occasions where it is not reasonably practicable to secure freedom of speech of a political, philosophical or academic nature, even if that speech is lawful, and we must not impose a test that has so few exceptions.

If I might address the point made by the noble Lord, Lord Triesman, about conspiracy theories, the question of whether espousing a conspiracy theory is lawful depends on what is said. If it is defamatory, it would be unlawful. The point of the Bill is to take a wide approach to freedom of speech as a fundamental principle in a democratic society, but there is nothing in the Bill to encourage baseless or harmful claims, or bad science, on campus, for example.

Amendment 25 seeks to clarify the position regarding balancing the right to freedom of speech with the right to protest. The purpose of the Bill is to protect freedom of speech, but the right to peaceful protest is a fundamental tool of civic expression and will not be curtailed by this Government. Of course, it can itself be an aspect of freedom of speech. If there is a protest against a particular academic because they have said something controversial but lawful, providers will need to decide what reasonably practicable steps they can take to ensure that the academic can speak freely.

The intended effect of the Bill is not to prioritise one right under the ECHR—that is to say, freedom of expression under Article 10—over others, such as the right to protest under Article 11. The requirement to have “particular regard” to the importance of freedom of speech builds on existing provision under Section 43 of the Education (No. 2) Act 1986 and could, in a particular case, prompt a higher education provider to prioritise freedom of speech over another convention right. However, this would remain subject to its assessment of what is reasonably practicable and would need to be lawful.

It is worth noting that a provider’s code of practice under new Section A2 must include the procedures to be followed when organising meetings and activities, as well as the conduct required in connection with them. This will ensure that staff and students are aware of their responsibilities as regards their own conduct.

The noble Lord, Lord Hunt, suggested delaying Royal Assent to allow universities due time. Let me confirm to him now that implementation of the Bill will not be rushed. Various actions need to be taken before the new regime can come into force, including consultation with the sector and the provision of guidance, so providers, colleges and student unions will be fully engaged and able to understand their responsibilities under the Bill.

I turn next to Amendment 30 in the name of my noble friend Lord Sandhurst, which seeks to ensure that codes of practice have a process in place for dealing with meritless claims against staff and students. It is an important point that providers should not have to spend time and resources responding to frivolous or vexatious complaints. However, I should make it clear that the duties in the Bill are imposed on the governing body of registered higher education providers. There cannot be complaints made under the Bill about the freedom of speech duties against staff, members and students of the provider, or visiting speakers, as the amendment suggests. Higher education providers will in any case have their own procedures already in place for handling internal complaints. As for burdens on providers, unnecessary bureaucracy can take up time that could be spent focusing on the academic experience and high-quality teaching, but these measures are absolutely necessary to protect the core value of freedom of speech and we consider that the duties imposed are proportionate and appropriate.

I hope my remarks have provided noble Lords with reassurance about the Bill’s approach regarding the main duties set out in it and that they strike the right balance.

[Baroness Smith of Newnham (LD)]

My Lords, clearly, I have not quite been mandated by my noble friend to accept the noble Earl’s answer, but, given his answer, I shall beg leave to withdraw Amendment 1 and I suspect it will not need to come back on Report. The clarification on the other amendments associated with belief were very helpful, but that might be an area where further amendments are brought on Report. I beg leave to withdraw the amendment.

--- Later in debate ---

[Earl Howe (Con)]

My Lords, this second group of amendments relates to members and academics, as covered by the Bill, but I will also try to address the questions put to me on related issues.

Amendments 4, 37 and 57 in the name of the noble Lord, Lord Wallace, and spoken to by the noble Baroness, Lady Smith, seek to probe the meaning of the term “members” in the Bill. The term “member” in the sphere of higher education has a specific meaning as a term of art. It includes in particular a member of the governing council of a university and those with certain honorary positions, such as an emeritus professor. Such a person may not be a member of staff of the institution and so needs specific provision in order to be protected under the Bill.

A member does not include a person who simply studies or used to study at the university, though some might use the term in that way. Current students would be covered by the term “students”. It also does not include a recipient of an honorary degree, which is awarded to honour an individual and does not give any academic or professional privilege.

The term “member” is well understood in both legislation and universities. In particular, it is already a category of individuals which is protected under the Education (No. 2) Act 1986, which sets out the current freedom of speech duties.

[Baroness Smith of Newnham (LD)]

It appears, according to Clause 2, that colleges are constituent parts of universities and are therefore brought into this Bill. Given that Oxbridge colleges refer to people as members, would it be possible for the noble Earl to think about further clarification? While I understand the general point that “members” might have a clear definition, it is not clear in the Bill as currently framed.

--- Later in debate ---

[Earl Howe (Con)]

I am very grateful to the noble Lord; I will certainly take that point away and make sure that it is noted.

[Baroness Smith of Newnham (LD)]

Following on from the point made by the noble Lord, Lord Grabiner, could the Minister clarify how the Government envisage the duties in the legislation we are debating today and the Prevent duties? There is already a whole set of pieces of paper and so on that organisers of events in higher education institutions are required to fill in. Are we expecting additional work and additional documents, or would the same set of paperwork work for this legislation as well as for Prevent?

[Earl Howe (Con)]

We are coming later on to a group of amendments that could well encompass the noble Baroness’s question about the Prevent duty, but my answer to her now is that the planning of an event involves a number of considerations: the security costs; whether it impacts in any way on the Prevent duty; whether it impacts in any way on the public sector equality duty; and so on and so forth. This is a set of issues relating to an event that might be considered controversial that will need to be looked at altogether in the round. I cannot say whether there will be a separate set of papers, but if I receive advice on that point, I will certainly write to the noble Baroness.

To conclude, we want these provisions to offer a safeguard to groups that might come under serious security pressures, while also giving providers, colleges and student unions the independence that they need. I hope I have reassured noble Lords on these issues and sufficiently addressed the concerns raised.

British Army: Troop Size

Debate between Earl Howe and Baroness Smith of Newnham

Monday 27th June 2022 Lords Chamber

[Earl Howe (Con)]

My Lords, I always listen with care to the noble Lord, Lord Dannatt, who has immense experience in this area. I assure him that under current plans the Army will be balanced to deliver right across the defence spectrum, to protect the homeland, engage with allies and partners overseas, constrain the aggressive activities of our adversaries and—if necessary—to fight wars. It is an Army that has been designed to fight but also organised to operate more productively and effectively.

[Baroness Smith of Newnham (LD)]

My Lords, from these Benches, I reiterate the concerns expressed by the noble Lords, Lord Coaker and Lord Dannatt, about the size of the Army. In his first Answer, the noble Earl referred to the integrated review and the increased defence expenditure. The latter was welcome but what assessment have the Government made of the current exchange rate against the dollar and inflation? It is all very well to bandy headline figures around, but what will that mean in terms of capabilities? Should we not be concerned about not only the size of the Army, which is too small, but defence expenditure more widely?

[Earl Howe (Con)]

The noble Baroness will remember that, as part of the spending review of 2020, MoD secured a generous £24 billon uplift to its budget. This will enable the Armed Forces generally to invest in things that they would not otherwise have been able to, including spending £6.6 billion on R&D, establishing a new space command, developing the next generation of naval vessels, developing a new combat air system for the RAF and enhancing our cyber capabilities. So a multitude of work is going on to improve the capability and capacity of all of our Armed Forces.

Prorogation Recall

Debate between Earl Howe and Baroness Smith of Newnham

Tuesday 3rd September 2019 Lords Chamber

[Earl Howe]

It is very easy in a situation such as this for us to resort to colourful words to describe it. I personally regret the degree of emotion that has entered this debate. It is perhaps not surprising, but feelings run high—my noble friend is entirely right. I do not wish to add any animus to that situation.

[Baroness Smith of Newnham (LD)]

My Lords, it has been suggested that it would be unfortunate to try to push legislation through Parliament inappropriately quickly, but if the Prime Minister is looking for a deal which would not come until on or after 17 October, would we not need to amend the 2018 withdrawal Act? Is there time for that? Does the Minister envisage an opportunity for Parliament to amend that legislation appropriately?

[Earl Howe]

The technical position would be that, if a deal is reached, a withdrawal agreement Bill would be introduced, hopefully for approval by Parliament. We are absolutely clear that there is time to do that. There may be a need to obtain the consent of Parliament to sit at rather unusual hours to do that, but we are clear that it can be done.

Gulf of Oman and Strait of Hormuz: Merchant Shipping

Debate between Earl Howe and Baroness Smith of Newnham

Tuesday 18th June 2019 Lords Chamber

[Earl Howe]

My noble friend is entirely right. As he may know, the UK is a member of the Combined Maritime Forces, which was created back in 2001 to help counter the threat from international terrorism. It has 33 member states from across the globe, with active support from the Gulf Cooperation Council. We routinely contribute personnel and assets to the CMF to conduct maritime security operations throughout the region.

[Baroness Smith of Newnham (LD)]

My Lords, the noble Lord, Lord West of Spithead, mentioned the danger of escalation. Saudi Crown Prince Mohammed bin Salman has said:

“We do not want a war in the region ... But we won’t hesitate to deal with any threat to our people, our sovereignty, our territorial integrity and our vital interests”,


US Secretary of State Pompeo has said that the US,

“is considering a full range of options”.

In the light of those comments, what are Her Majesty’s Government doing to de-escalate the situation in the Gulf, and are we working with our European partners to talk to Iran?

[Earl Howe]

Yes, my Lords. Our aim, as the noble Baroness says, is to de-escalate the situation and reduce tensions, and we are acting with our E3 partners, France and Germany, to that end. However, it would be foolish to claim that the dangers have now disappeared: they are still very real and we are alive to the possibility of further incidents.

Defence: Expenditure

Debate between Earl Howe and Baroness Smith of Newnham

Tuesday 11th June 2019 Lords Chamber

[Earl Howe]

I agree, and am grateful to the most reverend Primate for drawing attention to the point he made so clearly and well in the debate we had a few weeks ago on the theme of reconciliation. This takes a mixture of efforts across Government, not only from the Ministry of Defence but also through DfID and the Foreign and Commonwealth Office. All those budgets contribute to doing precisely what the most reverend Primate is advocating. I fully concur with the prescription he laid out.

[Baroness Smith of Newnham (LD)]

My Lords, it is clear that leadership elections give Ministers the opportunity to stray into other briefs. The Foreign Secretary was obviously talking about defence. There seems to be a lacuna in policy discussion in the current Conservative leadership debate—other than on Brexit. Maybe there is an opportunity for Ministers in the Ministry of Defence and elsewhere to ask the Conservative leadership candidates what their commitment to increasing defence expenditure might be, and who they are likely to have as Chancellor of the Exchequer, because if they do not agree, defence expenditure will not go up.

[Earl Howe]

The noble Baroness speaks wise words, as ever.

Torture Overseas: Ministry of Defence Policy

Debate between Earl Howe and Baroness Smith of Newnham

Monday 20th May 2019 Lords Chamber

[Earl Howe]

My Lords, I am grateful to the noble Baroness and I align myself completely with the sentiment that she expressed at the beginning of her question. Central government consolidated guidance sets out the principles which govern the interviewing of detainees overseas and the passing and receipt of intelligence relating to detainees. That guidance must be adhered to by officers of the UK’s security and intelligence agencies, members of the UK Armed Forces and employees of the Ministry of Defence. An internal policy document within the Ministry of Defence was prepared to, as it were, make the consolidated guidance more accessible and practical for those implementing it in the field. The MoD concedes that, as currently worded, there is an ambiguity in the internal document. I should stress that this ambiguity has not led to any problem or difficulty in the actions taken by the department, Ministers or members of the Armed Forces. It has been identified that the internal policy document could give the incorrect impression that Ministers could in all circumstances simply choose to accept legal consequences and act illegally. That is absolutely not the case. Ministers may not proceed when it would be unlawful, as opposed to when they would simply be assuming legal risk, which applies to any ministerial decision. I reassure the noble Baroness that, to my knowledge and that of my officials, Ministers have in no circumstances taken a decision which was unlawful in this context.

[Baroness Smith of Newnham (LD)]

My Lords, I too am grateful to the Minister for repeating the Answer to the Urgent Question and for his answer to the noble Baroness, Lady Chakrabarti. Today, the Times suggested that the freedom of information request said that the MoD effectively created,

“a provision for ministers to approve passing information to allies even if there is a risk of torture, if they judge that the potential benefits justify it”.

I accept that no torture has been undertaken and that nothing so far has been illegal, but does the Minister not agree that, in line with Kantian imperatives, we should not treat people as means; we should treat them as ends in themselves? Surely a potential benefit cannot outweigh the human rights of individuals.

[Earl Howe]

I entirely take the noble Baroness’s point. The consolidated guidance is clear that, where Ministers or officials know or believe that a particular action will lead to torture being administered, that action may not be proceeded with. The difficulty comes where the state of knowledge may not be sufficiently high to act as a legal prohibition. In that event, were a Minister to be called upon to take a decision whether to release intelligence, that decision would be informed by detailed legal and policy advice. It is not possible to make generalisations in this context on what that advice might comprise because it would be highly fact-specific to the individual case. However, I emphasise that Ministers may never act unlawfully and officials must never advise Ministers to act unlawfully, and I am confident in saying that Ministers have not acted unlawfully.

Defence: British Steel

Debate between Earl Howe and Baroness Smith of Newnham

Tuesday 30th April 2019 Lords Chamber

[Earl Howe]

My Lords, I am afraid I cannot entirely agree with my noble friend. It is undoubtedly true that the Armed Forces benefit from the UK acquiring military capability from an open market. Competitive procurement ensures that we drive innovation and efficiency into our industrial base. UK suppliers’ drive to be competitive in their home market will ultimately secure their prosperity, not only in the UK context but in the global marketplace as well.

[Baroness Smith of Newnham (LD)]

My Lords, in the light of the Financial Times report that the company British Steel is pleading for carbon credit loans to tide it over Brexit, will the Minister explain what efforts are being put into defence procurement contracts to ensure that steel is being decarbonised as far as possible?

[Earl Howe]

My Lords, the industrial strategy challenge fund, which I mentioned earlier, is there to help industry drive innovation in its manufacturing processes. As I also mentioned, we have supported the industry with the costs associated with carbon reduction, which can in some cases be substantial. In those two ways in particular, we are doing our best to recognise the challenges that industry faces.

Aircraft Carrier Task Force

Debate between Earl Howe and Baroness Smith of Newnham

Wednesday 13th March 2019 Lords Chamber

[Earl Howe]

My noble friend is absolutely right. We do not comment in detail on operational matters.

[Baroness Smith of Newnham (LD)]

My Lords, the Minister has on several occasions talked about working with our allies, as he has in the past in the context of the escort ships alongside the Queen Elizabeth class. What additional work are the Secretary of State and the Ministry of Defence doing to ensure that we have stronger bilateral co-operation, particularly in the context of Brexit, to strengthen our resilience?

[Earl Howe]

There is a great deal of interest on the part of our European allies, in particular, in working more closely with the Royal Navy once the carriers come into service. The carriers will enable the UK to make an unparalleled contribution to NATO, not only through the carriers’ own capability but also as a means of coalescing European naval effort alongside that of our close partners the United States.

Royal Navy: Type 31e Frigates

Debate between Earl Howe and Baroness Smith of Newnham

Wednesday 6th March 2019 Lords Chamber

[Earl Howe]

My noble friend draws attention to something very encouraging. The UK shipbuilding sector has been able to compete in the world market for very high-end specification frigates—it is the Type 26 frigates which he was referring to. This aids the issue of interoperability between allies, which he also highlighted. We welcome the fact that Australia and Canada have entered the fold of nations which will operate this vessel.

[Baroness Smith of Newnham (LD)]

My Lords, in light of the National Audit Office’s November 2018 report, which suggested that the MoD’s equipment plan remained unaffordable, falling about £10 billion short over the next 10 years, will the Minister explain to the House what plans the MoD has to ensure that the Type 31e frigates are delivered on time and, crucially, on budget? Are the new procurement arrangements intended to deliver that?

[Earl Howe]

The noble Baroness is quite right: in April, the forecast cost of the equipment plan exceeded the allocated budget of £7 billion over 10 years, which is the central estimate. Indeed, if we took no action, the plan would not be affordable. However, based on past experience as well as what we are doing, we are confident that we will successfully deliver the plan within budget, both this year and next year, through effective management, by monitoring and controlling costs as we go, and with the benefit of the additional money secured in the Budget.

Modernising Defence Programme

Debate between Earl Howe and Baroness Smith of Newnham

Tuesday 18th December 2018 Lords Chamber

[Earl Howe]

My Lords, if it is possible for the Ministry of Defence to share that document, I will certainly do as the noble Lord asks. In answer to his first question, there are two things to say about the MDP. First, this has been a major and very thorough piece of work. Secondly, the document is essentially strategic in its nature; it focuses on key defence capabilities and has affirmed the central elements of our strategy as articulated in SDSR 15, from which, as the noble Lord is aware, it emerged. It has also guided our investment decisions on capabilities, announced at the Budget, and updated our key policies. It is designed to keep us on track to deliver the right defence for the UK, and does so in what we see as a challenging decade ahead. As noble Lords read and reread the report, I am sure that it will make clear a lot of detail underlying the general proposition that I have just articulated.

[Baroness Smith of Newnham (LD)]

My Lords, as the noble Earl has just said, the present document is very detailed, yet in many ways it appears to be a glossy brochure with a lot of aspirations. These remind me rather of the vagueness that we get on what Brexit might look like. There do not appear to be clear strategies for where the Government want to go. Can the noble Earl explain what £160 million might actually be able to deliver? I think it is about the equivalent of two F35s, and I am not quite sure how will keep this one step ahead of our adversaries. I also come back to the question raised by my noble friend Lord Campbell about the exchange rate because hedging is one thing, but we are moving towards a one-for-one rate in the pound to the dollar. Is it really credible to say that the Government have hedged all of our defence budget in that way?

[Earl Howe]

We have not hedged all our defence budget, but we have hedged a substantial proportion of it, particularly that which is payable in dollars. I was speaking to our finance director last week about this. Although she could never be sanguine about the way the pound is moving, she is much clearer now that we have an affordable equipment budget over the next couple of years, which is the period over which she aims to hedge. I have already made it clear to the noble Lord, Lord Browne, that it is, unfortunately, impossible for me to enumerate at this point those projects which will come under the umbrella of the transformation fund. It was said that £160 million is not a great deal of money—it sounds like a great deal of money to me, I must say—but one should not think of transformation simply in terms of platforms and assets. One has to think of it in terms of different ways of working and of modernising practices within defence. That is where this fund will score most heavily.

Armed Forces (Specified Aviation and Marine Functions) Regulations 2018

Debate between Earl Howe and Baroness Smith of Newnham

Wednesday 10th October 2018 Lords Chamber

[The Minister of State, Ministry of Defence (Earl Howe) (Con)]

My Lords, the background to this statutory instrument is as follows. At the moment, a commanding officer can require a person to take an alcohol or drug test if the commanding officer has reasonable cause to believe that they are committing a service offence by performing a safety-critical duty while over a set alcohol limit, or impaired by drugs or alcohol. A commanding officer has similar powers if they believe that a civilian subject to service discipline has committed similar offences under legislation relating to safety in shipping and civil aviation. This power and the linked offences help deter or detect the misuse of alcohol or drugs by those performing safety-critical duties, and so help prevent accidents. However, these powers are aimed at gathering evidence for a possible prosecution, hence the need for a commanding officer to have “reasonable cause to believe” that an offence has been committed.

When an accident happens, it may be important to determine whether anyone involved had been misusing alcohol or drugs, even if the commanding officer does not have any immediate cause to believe that an offence has been committed. Section 2 of the Armed Forces Act 2016 amends the Armed Forces Act 2006 to allow a commanding officer to also require a member of the Armed Forces, or a civilian subject to service discipline, to co-operate with a preliminary test for drugs or alcohol after an accident. Importantly, in these circumstances a person may be tested without the need for suspicion that an offence has been committed. This gives commanding officers the power to test those who performed aviation or marine functions relating to an aircraft or ship involved in an accident. They also apply to anyone who performed a safety-critical function connected to any serious accident. “Serious” in this context means an accident which resulted in or created a risk of death or serious injury to any person, serious damage to any property or serious environmental harm. This will improve our investigations of such accidents.

It is important that accidents in the military environment are investigated thoroughly with a view to contributory factors being identified and appropriate punitive or remedial action being taken. The test will be carried out by the service police, and the results of a preliminary test can be used in support of criminal and non-criminal investigations. The tests will mainly support service inquiries, but they may be used in any type of investigation arising from an aviation or marine accident or any other serious accident. The relevant aviation and marine functions must be specified by regulations made under the amendments in the 2006 Act. The safety-critical functions are already set out in the existing offences and powers that I mentioned.

The draft regulations we are considering today specify these aviation and marine functions and are based largely on existing safety-critical duties relating to aviation or shipping. The duties specified in the regulations reflect the wide range of duties undertaken in a military environment that are linked to aircraft or ships: for instance, maintenance; acting as crew on an aircraft or ship; loading and unloading fuel, cargo and weapons; and conducting hazardous operations such as parachuting or diving. The duties specified in regulations include similar functions carried out by civilians subject to service discipline. This would include, for example, any civilian working on an aircraft or ship overseas.

In the event of an accident, a commanding officer may require a person to co-operate with preliminary testing if he or she was carrying out, or had carried out, a specified function at the time of—or in some situations before—the accident. As I said, the testing will be carried out by the service police. It will be an offence for an individual without reasonable excuse to fail to provide a sample when required to do so. Reasonable excuse could include, for example, a medical condition that prevented a person from providing a breath sample.

We hope, of course, that serious accidents will not happen and that there will be no need to apply these regulations. But the very nature of military activity is, by necessity, dangerous, and our people are exposed frequently to risk. It is important that, in the event of a serious accident, we uncover whether alcohol or drugs may have contributed to the cause of an accident to enable appropriate corrective action to be taken. I beg to move.

[Baroness Smith of Newnham (LD)]

My Lords, I was nominated to speak from the Front Bench this evening and have very little to say on this matter. The regulations seem to be admirably sensible and not overly draconian. In civilian life, if there were an accident in a similar situation, one would expect to be breathalysed. Therefore, we on these Benches have nothing to add.

Afghanistan Update

Debate between Earl Howe and Baroness Smith of Newnham

Wednesday 11th July 2018 Lords Chamber

[Baroness Smith of Newnham (LD)]

My Lords, like the noble Lord, Lord Tunnicliffe, I thank the Minister for repeating the Statement, and I echo the words of the Secretary of State and the noble Lord, Lord Tunnicliffe, on the commitments that this country has made to Afghanistan and the tributes paid to the service men and women who have given their lives in Afghanistan.

This is clearly a serious decision that is being announced today. As the noble Lord, Lord Tunnicliffe, pointed out, 440 service personnel is a significant number. It increases the personnel that we currently have in Afghanistan by two-thirds. It is noticeable that the decision has been made, we are told, in response to a NATO request, at the time of a NATO summit and on the eve of a visit by the President of the United States. What is not clear is when the request was made. When was the United Kingdom asked to make this additional commitment and when was the decision actually taken? Is the confluence of timings just ahead of the NATO summit intentional? Is it intended in any way to send a signal to the President of the United States that the United Kingdom at least is keeping up to its NATO targets?

There is a whole set of other issues associated with the nature of the contribution and some of the key decisions that need to be considered, which, as the noble Lord, Lord Tunnicliffe, has pointed out, have not necessarily been answered in the Statement. How long is this additional deployment intended to be? We have been told that about half the troops are due to be deployed in August 2018 and the rest by February 2019, but we are not told how long this is intended to last. The more deployments that we have, the more questions there are about the sustainability of deployments and the pressures put on Her Majesty’s services. While we pay tribute to the service men and women who are deployed to Afghanistan and everywhere else around the world, there is a question of the impact that this will have on forces morale. Is the Minister content that the resources are there to ensure that this additional deployment can be managed? Can he tell us a little bit more about what the Government’s exit strategy might be?

Finally, the Secretary of State commented that this shows our commitment to NATO, which,

“must remain the cornerstone of our defence”.

Nobody in your Lordships’ House would disagree with that, but does the Minister think that the President of the United States feels similarly? What discussions might the Prime Minister have with the President to try to ensure that, by the end of this week, the United States’s commitment to NATO is strong as that of the United Kingdom?

[Earl Howe]

My Lords, I thank the noble Lord, Lord Tunnicliffe, and the noble Baroness, Lady Smith, for their support for this announcement and, indeed, for their well-directed questions. Some of the questions from both noble Lords coincided, and I shall attempt to address them all in turn.

The noble Lord, Lord Tunnicliffe, asked me about the process that led to this decision. He is absolutely right to remind the House of the lessons from Chilcot, and that there needs to be a formal deliberative process across government for a decision as momentous as this—and that is indeed what happened. The UK was initially asked to consider this additional deployment in March of this year—that request came from NATO itself. We subsequently did so; that is to say, the Ministry of Defence considered the feasibility and a decision, following a discussion, was taken formally by the National Security Council on 26 June. It was then endorsed formally by the Treasury and by No. 10.

The noble Baroness, Lady Smith, was again correct to make the point that the decision to do this was based not only on the fact that we thought it was the right thing for Afghanistan, for the UK and for NATO, but that it was intended—as I hope it will—to underline our commitment to NATO and the fact that Britain has particular skills that it can offer in a context such as this. I am sure that that message will not have been lost on any of our NATO partners.

The noble Lord, Lord Tunnicliffe, made the perfectly fair point that we will be sending troops into harm’s way. I would, however, just qualify that by making clear, as the Statement does, that the roles that are being and will be performed by our personnel in Afghanistan are non-combat roles. They are therefore quite distinct from the kind of role that we saw being performed under the ISAF banner before 2015, when our troops were very definitely on the front line against the Taliban. Chiefly, our troops will be charged with supplementing the Kabul defence force within Kabul itself. We have to remind ourselves that the NATO mission operates under the banner of “Train, Advise, Assist”. The UK contribution will therefore be to support that NATO mission but—to come back again to a point made by the noble Lord, Lord Tunnicliffe—the safety and security of our troops remains, as it always will, our key priority. We keep the protection measures for our personnel under constant review and will not hesitate to adapt those measures to the changing threats. They are benefiting from bespoke equipment, such as the Foxhound armoured vehicle, which is suited to the streets of Kabul. Essentially, as far as force protection is concerned, our personnel are equipped and mandated to protect themselves, as well as to protect coalition and diplomatic personnel. It is the Afghan national defence and security forces which are responsible for maintaining security in Kabul.

Both the noble Lord and the noble Baroness asked about the timescale. I hope that they will understand that it is not possible to put a timescale on the deployment of our troops within the NATO mission in Afghanistan. All NATO allies are agreed that we will continue to support the Afghan national defence and security forces until the conditions are right for our collective withdrawal, which includes the ability of the Afghan forces to protect the people of Afghanistan without support from international forces, and when progress has been made on a peace process.

The noble Baroness—and, I think, the noble Lord—asked what kind of training we are delivering in Afghanistan. As I have already said, the mission goes under the strapline “Train, Advise, Assist”. The UK is mentoring and advising Afghan personnel, helping to develop capable and independent Afghan government and security structures, and working in the mission headquarters and the Afghan security ministries. An example of this is at the Afghan national army officer academy, where we are working alongside our NATO allies and Afghan partners to produce the next generation of Afghan military leaders.

Finally, the noble Baroness asked about the messages that we wish to deliver this week at the NATO summit. We have a number of objectives for that summit. Essentially, they can be summarised as making NATO more modern and adaptable. NATO continues to adapt to ensure that it is less bureaucratic, better at prioritising its activity and more capable of taking and implementing decisions quickly. The principles for all those things were largely agreed at the NATO summit in Cardiff and endorsed at the subsequent summit in Warsaw. We are confident that allies will agree ways to deliver those objectives, with the aim in view of strengthening deterrence and defence against Russia, increasing our efforts on tackling terrorism and addressing the threats presented by cyber and hybrid warfare. That very much relates to how we can improve readiness so that we can make sure that we have the right forces in the right place so that they can act when needed to protect our people. I believe that the UK already has an important part in that process, supporting the design of a new NATO command structure, and I think that we can be very proud that we will be committing an extra 100 posts to that structure, taking our commitment to over 1,000 UK service personnel.

Single Source Contract (Amendment) Regulations 2018

Debate between Earl Howe and Baroness Smith of Newnham

Monday 9th July 2018 Lords Chamber

[The Minister of State, Ministry of Defence (Earl Howe) (Con)]

My Lords, a substantial proportion of the MoD’s annual procurement spend, amounting to some £8 billion a year, goes on single-source contracts. Given this level of expenditure, it is critical that the department obtains value for money. It is also critical that we protect the long-term future of the defence industry by ensuring that suppliers get a fair return on single-source work.

When the noble Lord, Lord Currie, produced his independent report on non-competitive defence procurement in 2011, he concluded that the arrangements then in place were simply unfit for purpose. The result was a weak negotiating position for the department and poor value for money for the taxpayer.

Following the noble Lord’s report, in 2014 we introduced a new framework as part of the Defence Reform Act. Our intent was clear: the new framework sets out firm rules on pricing single-source defence contracts and puts the onus on suppliers to demonstrate that their costs are “appropriate, attributable and reasonable”. Where there is a dispute, either party can refer the matter to an impartial adjudicator, the Single Source Regulations Office, for a decision.

Since coming into force in December 2014, the new framework has made considerable progress: more than £19 billion-worth of single-source contracts have been brought under the framework, and the benefits to the MoD have been significant.

However, any new regime of this complexity needs to be refined in the light of experience. The Act therefore requires the Defence Secretary to carry out a thorough review of single-source legislation within three years of the framework coming into force. This review was completed in December 2017 and several proposals were identified as potential improvements to the framework. We have incorporated the first of these into the SI under consideration, but we plan to introduce further amendments later in the year.

The main amendments under consideration here relate to those types of single-source contract, known as “exclusions”, which cannot become qualifying defence contracts. Experience in implementing the framework has shown that there is some confusion about how such exclusions are applied and that some contracts, relating to intelligence and international co-operative programmes, are being unnecessarily excluded. We therefore propose a clearer and more precise definition of these two categories.

We are also adding a further category of exclusion to deal with situations where contracts are transferred from one legal entity to another, such as where an internal restructuring of industry has taken place. In such cases, although the legal identity of the supplier may have changed, the contract itself has not otherwise changed in a material sense.

We have engaged extensively in drafting these amendments and believe that the proposals will be generally welcomed by suppliers. I beg to move.

[Baroness Smith of Newnham (LD)]

My Lords, I am grateful to the Minister for introducing this statutory instrument and apologise for arriving momentarily after he started. He mentioned that the changes introduced in 2014 were intended to improve value for money and MoD procurement arrangements in general and that, since then, £19 billion had been spent using the single-source procurement mechanism. Will he explain a little more how the changes proposed in the SI will benefit the MoD and the taxpayer? I heard him say that the changes will be of benefit to the supplier. While we do not want to do down the suppliers, it would be helpful to understand how the changes will benefit the taxpayer as well.

[Lord Tunnicliffe (Lab)]

My Lords, I thank the Minister for presenting the regulations. Part 2 of the 2014 Act and the subsequent Single Source Contract Regulations 2014 are supported by these Benches. Unfortunately, I have lived through every bit of their creation and evolution. The key thing is: are they effective? The way to judge their effectiveness is, first, to understand the mechanisms, which the Minister has been invited to expand on, and, secondly, to look at how extensive they are. Does the Minister have at hand how much is being spent on equipment and infrastructure in a typical year, say, 2017-18? How much of that is single sourced? I believe the answer is nearly half. What proportion—and this is the key issue—are qualifying defence contracts? I wonder if he has similar figures for contracts with BAE.

The Explanatory Memorandum says that three of the five categories are “working well”, meaning that they describe the exclusions clearly. Two relate to land, I believe, and the third to government-procured equipment. Three are new or modified. The first, Regulation 7(b), is where there is international co-operation. The modification is that there should not be an exclusion if all parties agree. I have great trouble working out why parties would want to agree, because the mechanism is designed to give the Government, the SSRO, the MoD or whoever a better understanding of what is happening in the contract, giving them rights to challenge the suppliers. Why would anybody want to agree to this? Have any firms actually agreed to this?

The second modification relates to “intelligence activities”. This is clearly a case of unintended consequences because all intelligence activities are currently excluded. This turns it on its head to require only those contracts that are a risk to national security to be automatically excluded. Paragraph 7.9, I think, of the Explanatory Memorandum effectively defines “risk to national security”; that is, reports that would normally be required by the SSRO would contain information above a certain security level. Am I right in that understanding? Am I right that the key test will be the security level of the information that the SSRO would naturally demand if they became qualifying contracts? Otherwise, how is national security defined and who defines it?

The final modification relates to what one might loosely describe as novation. That does not give me any pain at all.

The key question about the modifications is: how many more, or what greater proportion of, single-source contracts will be brought into the ambit of the Single Source Regulations Office by these changes? Will the number be trivial or substantial? My final question relating to the order is: when will the MoD respond to the other SSRO recommendations?

Lastly, I have a question that is completely out of order. I point out to the Minister that the NATO summit is, I think, on Wednesday and Thursday. Will he give some indication of when he will give an overview of the defence modernisation programme promised before the NATO summit?

National Security Capability Review

Debate between Earl Howe and Baroness Smith of Newnham

Monday 15th January 2018 Lords Chamber

[Earl Howe]

My Lords, yes, that is the conclusion that we and previous Governments have reached as the minimum practicable and credible force required to deliver continuous at-sea deterrence.

[Baroness Smith of Newnham (LD)]

My Lords, the Secretary of State makes a commitment to protecting the north Atlantic. Is he also concerned about the south Atlantic, or should the Falklands be concerned?

[Earl Howe]

Yes, my Lords, and nothing I said should be taken as any indication that we will cease to keep a firm eye on the defence of the Falkland Islands, which we will continue to do.

HMS “Queen Elizabeth”

Debate between Earl Howe and Baroness Smith of Newnham

Thursday 2nd March 2017 Lords Chamber

[Earl Howe]

I am sure that the First Sea Lord will be very interested in that suggestion.

[Baroness Smith of Newnham (LD)]

I had the privilege of seeing the Queen Elizabeth class carriers at Rosyth last week, and the “Queen Elizabeth” was doing her harbour trials. My question relates to the aircraft that are meant to go on the carrier. Will the F-35s be available when the “Queen Elizabeth” is set to sail, or are the delays to the carrier simply to enable the F-35s to be delayed as well?

[Earl Howe]

My Lords, the 2015 strategic defence and security review set out our intent to have two front-line operational F-35B squadrons by the end of 2023, and we plan to buy 138 Lightning aircraft over the life of the programme. To date we have taken delivery of eight F-35B aircraft, with a further six, currently in production, to follow very shortly. The next annual production contract is scheduled to be let next month, and we intend to order a further three under that part of the contract.

Defence Estate

Debate between Earl Howe and Baroness Smith of Newnham

Monday 7th November 2016 Lords Chamber

[Earl Howe]

I am grateful to the noble and gallant Lord. I can confirm that this applies only to holdings in this country. As regards runway availability, I will have to write to him as I do not have it in my brief. He makes an important point on the cost of reprovision, but again I come back to what I said earlier: this is being driven primarily by the needs of the Armed Forces. While we may find in some cases that the net receipt from a disposal is of a fairly de minimis nature, nevertheless the reprovision will be the right thing to do for that particular unit or part of the service.

[Baroness Smith of Newnham (LD)]

My Lords, we have already heard about the National Audit Office and questions about value for money for the taxpayer. That has so far been on the receipts side, but can the noble Earl tell us what work is being done to ensure that the defence procurement contracts to deliver the better estate for service families, which will be most welcome, and the maintenance contracts for accommodation for services will also deliver value for money for the taxpayer and the best possible outcome for service families?

[Earl Howe]

My Lords, the department takes the provision of good service family accommodation very seriously. We are continuing to manage the improvement of the performance in this area of CarillionAmey, which is the contractor as the noble Baroness knows. At the end of May 2016, following what was called a “Get Well Plan”, CarillionAmey effectively passed with a performance that was markedly better than it had achieved previously: in the next generation estate contract, 29 of 30 KPIs met performance targets; in the national housing prime, six of seven key performance indicators met performance targets. We will continue to monitor closely the company’s delivery performance, working collaboratively with it, of course, to sustain and improve its performance. But the noble Baroness is absolutely right that we need to achieve value for money in this area. I believe that now we are nearly there, but CarillionAmey is under no illusions that it must maintain this rate of improvement.

Royal Yacht

Debate between Earl Howe and Baroness Smith of Newnham

Wednesday 26th October 2016 Lords Chamber

[Earl Howe]

My Lords, I suggest to my noble friend that times have changed in the past 20 years. There is a variety of ways in which we can promote UK business around the world: we do it through members of the Royal Family, our many excellent embassies and high commissions, the Red Arrows, by using our Royal Navy warships as a backdrop for events and via the GREAT Britain campaign, which is very successful. We surely need to ask ourselves in that context whether, in the 21st century, a royal yacht would add significant value.

[Baroness Smith of Newnham (LD)]

My Lords, the proposal seems to be that if a royal yacht were to be commissioned, it would come from private funding. However, I note that the Question has gone to the noble Earl, Lord Howe, as Minister for Defence. I wonder whether it could be thrown back at the Department for International Trade, because it seems wholly inappropriate that something intended for trade promotion should take away from the resources of the Royal Navy.

[Earl Howe]

My Lords, we need to be clear that a new royal yacht would have to fly the White Ensign and would therefore have to be state owned and manned by Royal Navy personnel. I do not see a way out of the issue that the noble Baroness flags up.

NATO Warsaw Summit

Debate between Earl Howe and Baroness Smith of Newnham

Monday 11th July 2016 Lords Chamber

[Baroness Smith of Newnham (LD)]

My Lords, noble Lords on these Benches welcome the Statement and I echo some of the words of the noble Lord, Lord Touhig. We welcome the commitments made to the Baltic states and to Poland, but would ask the Government what thought has been given to the situation with Russia and its possible reactions. Clearly the commitment to NATO is welcome, especially at a time of such global and regional geopolitical uncertainties, and therefore the commitment to our colleagues in the Baltic states and Poland, as well as an increased role in countering illegal migration, are both important.

The Statement by the Prime Minister and the communiqué refer to the UK’s nuclear deterrent and the fact that the UK’s and France’s nuclear deterrents have a deterrent role of their own. I do not wish to pre-empt the debate we will have on Wednesday prior to the Motion to be debated next Monday in the other place, but can the noble Earl give us some reassurance regarding defence expenditure? Assuming a decision is taken to approve a successor on Monday, that will be a considerable defence commitment. Both the NATO summit and the Prime Minister’s Statement recommit us to spending 2% of GDP on defence, a commitment made at the Wales summit in 2014 and affirmed by the Government after the general election last year. However, if there is a recession, either as a result of the decision taken on 23 June to leave the European Union or the actual fact of Brexit, 2% of a smaller GDP would presumably mean less money going to defence. Has money been set aside and are there contingencies to ensure that, if there were a recession, we would still be able to meet our commitments on F35, the aircraft carriers and a successor, if that decision is taken?

Further to that, while it is clearly welcome that the Government do not envisage any reduction in the UK’s commitment to European security in the light of the decision to leave the European Union, how will that commitment be played out? Will it be solely through the multilateral framework of NATO or might the Government consider—I realise that the Minister may not be able to give us an answer pending Wednesday evening—continuing links with the common security and defence policy of the European Union? How far does the UK envisage ongoing links with the EU and how far does it envisage bilateral links, particularly with France but also with the Netherlands? Clearly, the ongoing British commitment to European security is important, but an indication of how we envisage that going forward would be welcome.

[Earl Howe]

I am grateful to the noble Lord, Lord Touhig, and to the noble Baroness, Lady Smith, for their comments and questions. They both asked about our approach towards Russia and the likely Russian reaction to the communiqué. Our objectives in respect of Russia are clearly to protect UK interests and those of our allies and partners; to uphold the rules-based international order in the face of Russian challenges; to engage with Russia on global security issues and key areas of shared interests; to promote our values, including the rule of law and human rights; and to build stronger links between the British and Russian people more widely. I commend the communiqué to noble Lords. It sets out very clearly why NATO has felt it necessary to commit to an enhanced forward presence. This is in the face of Russian actions over the past two or three years that fly in the face of the agreements and understandings that we have had with them and that obtain internationally. NATO collectively and the allies individually are clear that the alliance does not seek confrontation and poses no threat to Russia—those are its words—but will not compromise on the principles on which NATO and security in Europe and north America rest.

The NATO-Russia council meeting this Wednesday will discuss a range of issues. Its timing was deliberately set post the summit to continue the dialogue from a position of strength, given the decisions taken at Warsaw.

The noble Lord, Lord Touhig, asked a number of questions in the wake of the Chilcot report, in particular, whether a Cabinet Committee had considered current and proposed NATO deployments. The National Security Council considered the UK’s approach to Warsaw and our ongoing commitment to NATO activities. Because the National Security Council is a sub-committee of the Cabinet, it is rather better than an ad hoc committee, because it is a permanent standing committee that, as I explained last week, meets every week and constantly reviews those issues which bear upon the UK’s security.

The noble Lord asked about the long-running issue of an EU army. I take this opportunity to emphasise that, while the UK remains a full member of the EU until such time as we leave it, UK forces will not be part of an EU army. In no circumstances could Brussels, in any case, direct deployment of UK forces without the specific agreement of the UK Government. That agreement will not be forthcoming. Defence is entirely a national competence and if an EU army were to be proposed, it would be subject to national veto.

The noble Lord also asked about draw-down of UK forces from Germany. I can confirm that it continues and will continue as planned.

The noble Baroness, Lady Smith, asked about defence expenditure. She is right to say that the 2% commitment relates to the size of our GDP. Were that to diminish, it would have a bearing on our budget but I remind her that aligned with and joined to that 2% commitment was another commitment that the defence budget would increase year by year in real terms by 0.5%. We have committed to spend £178 billion on equipment over the next 10 years, and that commitment stands.

The noble Baroness also asked about the relationship between NATO and the EU in the defence arena. As she would expect, in the medium term we will maintain our existing commitments to common security and defence operations and missions, and consider further requests from the EU. We will continue to lead the EU battlegroup from July to December this year. Whatever happens, the Government remain firmly committed to leading the way in working with the international community to tackle the migration crisis. In fact, the Prime Minister recently announced the deployment of RFA “Mounts Bay” to the central Mediterranean to help stem the flow of weapons to terrorists, particularly Daesh, in Libya. This is in addition to HMS “Enterprise”, which is already on task. No one can be in any doubt that we are committed to EU operations or about the strength of that commitment.

I did not answer the noble Lord, Lord Touhig, on what exactly our troops will be doing. First, as regards the proposals for Estonia, our forces are expected to participate in a demanding training and exercise programme alongside Estonian regular reservists and other allied forces based in the region. The deployment will also provide new training opportunities in heavily wooded areas and colder climates. The battalion will be maintained at a high state of readiness so that it is able to react immediately to a crisis or incident. Far from our Armed Forces personnel being confined to barracks, I hope that gives a flavour of the action-oriented agenda facing them.

In Poland, where, as the noble Lord is well aware, building a strong relationship is very much a priority for us, the deployment of the company group will enable UK and Polish forces to train, fight alongside each other, foster a greater understanding of their respective capabilities of the UK and Poland’s and increase interoperability, which the noble Lord will recognise is important. We will also work alongside the forces of other NATO allies in Poland, including the United States, which will provide a NATO-enhanced forward presence framework battalion in Poland. This deployment will also provide capability enhancement opportunities under the UK-US German-led TACET initiative. Many advantages therefore flow from this announcement.

Armed Forces Bill

Debate between Earl Howe and Baroness Smith of Newnham

Wednesday 27th April 2016 Lords Chamber

[Earl Howe]

My noble friend is right. I am referring to Operation Shader.

[Baroness Smith of Newnham]

My Lords, I am most grateful to the Minister for his very thorough response, and in particular for reiterating the care that is taken with the precision of UK targeting. It is very clear that the Minister and the Secretary of State have committed to informing us of any civilian casualties should they arise. Therefore, I beg leave to withdraw the amendment.