Armed Forces Bill

Debate between Earl Howe and Lord Bilimoria

Thursday 11th February 2016 Lords Chamber

[Earl Howe]

My Lords, I am sure that all noble Lords will agree that we have had a very good debate today with contributions of the highest quality. It has been a debate enriched and adorned by three excellent maiden speeches. It is a pleasure for me to say that I agreed and identified with every word of all three of them.

The difficulty of doing justice to all contributions is, I hope, obvious. I shall do my best to respond to as many as possible of the points that have been raised, but I hope that noble Lords will bear with me if I do not manage to answer each and every one today. I shall look carefully at Hansard and will write to any noble Lord where I have something to add.

Perhaps I may begin by responding to the many noble Lords—including the noble Lords, Lord West of Spithead and Lord Empey, the noble and gallant Lords, Lord Craig and Lord Boyce, the noble Lords, Lord Ramsbotham, Lord Bilimoria and Lord Burnett, the noble and learned Lord, Lord Brown of Eaton-under-Heywood, and others—who raised a series of concerns falling under the broad heading of the law relating to human rights.

I turn first to the concerns about combat immunity and the so-called Smith judgment, raised by the noble Lord, Lord West, and the noble and gallant Lord, Lord Boyce. Without any disrespect to the noble and learned Lord, Lord Walker of Gestingthorpe, whose remarks I found very helpful, the Government are very concerned about the judgment, because the court ruled that some issues relating to military operations may be justiciable. This was one of the reasons for our manifesto commitment to deal with the huge volume of litigation currently engulfing the Armed Forces. We are determined to honour that.

Our particular concern is that the Smith judgment has left the position on liability for events on the battlefield unclear. We continue to defend the doctrine of combat immunity vigorously and a number of high-profile test cases are ongoing. We are examining the option of legislating, but we would look to do so using the most appropriate means. Once our proposals are mature we will announce further details. Clearly, it is important that we get this right and that operational effectiveness is not harmed.

Many of the noble Lords I just mentioned raised particular concerns about the volume of claims being brought against the Ministry of Defence raising human rights issues. Let me make clear the Government’s determination to address the risks arising from developments in international human rights law, which has the potential to impose ever-greater constraints on the Armed Forces and the MoD to operate effectively in defending the UK and its interests. The Government are committed to upholding the rule of law. Their view is that international humanitarian law, as embodied in the Geneva Conventions, should have primacy over human rights law for ensuring that military operations are conducted lawfully.

The Government are considering the options available to safeguard the ability of the Armed Forces to do their job, as I have said. Among our key objectives, we want to ensure that our service personnel are not pressured to become unduly risk-averse by the prospect of unmeritorious legal harassment, and that commanders can take necessarily rapid and often high-risk decisions. We are currently looking into a number of areas, including examining different areas of legislation where changes could be made and what more we can do to support our Armed Forces personnel and their families. We have established a programme to look at the different ways we can reduce the cost and volume of litigation against the MoD to ensure that our Armed Forces continue to operate unimpeded. The Queen’s Speech included a clear commitment to bring forward proposals for a Bill of Rights to replace the Human Rights Act. We are actively working with the Ministry of Justice on the shape of the Bill to ensure that our Armed Forces can operate effectively in armed conflicts without overzealous constraint.

In addition, the Government are concerned to ensure that the extent of the doctrine of combat immunity is clear. We continue to defend the doctrine vigorously. As I mentioned, a number of high-profile test cases are going on. I reassure noble Lords that the doctrine of combat immunity continues to apply to those taking decisions in the heat of battle.

[Lord Bilimoria]

I thank the Minister for the very positive response to the points we raised, but the covenant was enacted in a way that was never done before. It is now reported on every year. It is a very positive measure. Why is it not possible for this huge issue to be incorporated in this Bill to protect the immunity of our troops, to allow them to fight with confidence and not worry about lawyers chasing them?

[Earl Howe]

My Lords, as I said, and I hope the noble Lord will agree, it is very important that we get this right. I was reassured by the comments of the noble and learned Lord, Lord Walker of Gestingthorpe, who said he did not feel personally that this was the right Bill in which to enact any changes. I am as eager as the noble Lord, Lord Bilimoria, to see this matter sorted out and I have no doubt that we can return to it in Committee—in fact, I think it would be useful to do so—but I am not yet persuaded that we are in the right place to legislate in the time available to us for the Bill.

The vast majority of UK service personnel have conducted themselves highly professionally and have acted in accordance with policy and legal obligations. However, in the context of the work done by the Iraq Historic Allegations Team, or IHAT, which has been mentioned by a number of noble Lords, the law requires that allegations that crimes have been committed by members of the UK forces should be investigated. In our view, the IHAT is necessary, given the unprecedented number of allegations. Having this independent investigative body has enabled us to defeat the claimants’ attempt to persuade the court to order a single public inquiry, which would have taken many years and costed an estimated £200 million. The IHAT investigations can be completed more quickly and cheaply, ending sooner the uncertainty faced by service personnel.

It is true that the IHAT’s investigations have not yet resulted in any prosecutions. However, it has completed a number of investigations. The lack of prosecutions is because in some cases the evidence showed that no criminal offence was committed, while in others the evidence did not meet the domestic test for bringing a prosecution. It has taken a long time because it is far more difficult to carry out investigations into events in Iraq then events in England. Witnesses are often difficult to locate and to interview. The solicitors representing those claimants have also been extremely unco-operative, even though they called the investigations in the first place. I can assure the House that the IHAT is getting on with its job as promptly and professionally as it can. I urge the House not to interpret the absence of any measures on this in this Bill as an indication of our intent to do something. Work is in hand and we will set out proposals as soon as we are able.

Gurkhas: Anniversary

Debate between Earl Howe and Lord Bilimoria

Wednesday 10th June 2015 Lords Chamber

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

My Lords, like so many people across the country and on all sides of this House, I have a huge admiration and respect for the Gurkhas. As has been said by all speakers, for 200 years Gurkhas have fought loyally for this country and they rightly deserve their reputation as being among the bravest and most fearless of soldiers. Gurkhas hold a special place in the heart of the British people, and evidence of this can be seen in the generous support given by the British public following the recent devastating earthquake in Nepal.

Before I speak about that disaster, I would like to emphasise the Gurkhas’ primary role, that of soldiers. The Brigade of Gurkhas remains a vital part of the British Army’s military capability. The noble Lord, Lord Rosser, summarised very well their role in our history. Both battalions of the Royal Gurkha Rifles and subunits of the three main corps units all deployed on operations in Afghanistan under Operation Herrick, where they have demonstrated their outstanding war-fighting skills and cultural adaptability. I am proud to have two Queen’s Gurkha orderly officers with me here this evening.

Moving on to recent events in Nepal, the major earthquake tragically led to significant loss of life and destruction to property, and our thoughts are with the people and Government of Nepal at this difficult time. The United Kingdom’s disaster relief response has been led by the Department for International Development, which has provided over £33 million in direct and indirect aid, as was rightly pointed out by my noble friend Lord Sheikh. This aid included the provision of search and rescue teams, trauma medics and logistic supplies. I can say to the noble Lord, Lord Davies of Stamford, that the Ministry of Defence supported these efforts with an airlift and by deploying over 100 additional Gurkha personnel. We offered the services of our Chinooks, but the Government of Nepal did not consider that they were necessary. My right honourable friend the Secretary of State for International Development has visited to inspect and assess the damage and speak to those delivering aid.

The additional Gurkha personnel went into Nepal under the auspices of British Gurkhas Nepal, which is the unit based in Nepal looking after recruitment and welfare matters for the brigade. British Gurkhas Nepal and the Gurkha welfare scheme, which is the field arm of the Gurkha Welfare Trust, are working together to ensure that our pensioners and families are looked after alongside all needy persons in villages affected by the earthquake. It is important to state that we are not discriminating as to who gets the help. Instead, we are providing to the neediest first with the aim of everyone being under cover with access to water before the monsoon rains arrive.

Reconstruction efforts are to focus in the short term on protecting isolated Gurkha communities through the approaching monsoon season. This will include the construction of temporary shelters, the provision of clean water supplies and basic sanitation, and the delivery of aid and basic medical supplies. A squadron from the Queen’s Gurkha Engineers is currently deployed on this task. Subject to Government of Nepal approval, work priorities will primarily be driven by humanitarian need within the Gurkha communities, rather than uniquely supporting the families of serving Gurkhas and Gurkha veterans. To answer the noble Lord, Lord Burnett, we believe that the museum at Pokhara was not badly damaged.

The Gurkha Welfare Trust is the principal Gurkha charity and it maintains through its field arm, the Gurkha Welfare Scheme, a network of welfare centres in Nepal to look after Gurkha veterans in need. The Government provide financial support to the Gurkha Welfare Trust by means of an annual grant in aid of over £1.5 million which pays for the majority of the costs of the Gurkha Welfare Scheme in Nepal. In addition, the Government announced in January that they were giving the trust £5 million from the LIBOR fines to assist its work in Nepal, so I would say to the noble Lord, Lord Bilimoria, and the noble Baroness, Lady Flather, that this is a clear statement of the commitment to and recognition of the work done by the trust in support of Gurkha veterans.

This year we celebrate 200 years of Gurkha service to the Crown. This milestone is a further opportunity to thank the Gurkhas for all that they have done to preserve our freedom and security in many conflicts around the world, most recently in Afghanistan. To celebrate the Gurkhas’ unique service, there are over 100 events of varying size taking place, both in the United Kingdom and around the world, reflecting the brigade’s previous service. These events are being conducted by the serving brigade, the Gurkha Brigade Association and the Gurkha Welfare Trust.

Major events have already taken place. In late March, a gathering of over 3,000 people attended a celebration in Kathmandu, before the earthquake struck. On 30 April, contingents from the four major Gurkha units, with the Band of the Brigade of Gurkhas and the Queen’s Truncheon, marched from Wellington Barracks down the Mall to the Gurkha statue outside the Ministry of Defence. This was followed by a short service to commemorate those from the brigade who have given their lives in the service of the Crown.

Most recently, throughout May, each of the four major Gurkha units has conducted public duties, providing the guards at Buckingham Palace, St James’ Palace and the Tower of London. And as we have heard, a major event, the Gurkha 200 pageant, took place last night at the Royal Hospital Chelsea in aid of the Gurkha Welfare Trust. Her Majesty the Queen attended, along with other members of the Royal Family. I am delighted to note that at least two noble Lords here this evening were able to attend.

I shall answer a few of the questions that were put to me. I turn first to the noble Lord, Lord Burnett, who asked whether the Gurkha battalion would remain in Brunei. The answer to that is yes, because a new agreement was recently signed with the Sultan. He also talked about jungle warfare training. As he knows, this is carried out in Brunei by the Gurkha battalion and other British Army units. In addition, the British Army Jungle Warfare Training School is based in Brunei and is supported by the Gurkhas.

Questions were asked by the noble Lord, Lord Burnett, and others about recruitment. No decisions have been taken about increasing the number of Gurkhas at present, but equally no decisions at all have been taken about reducing their numbers. I can say to the noble Viscount, Lord Slim, that the Brigade of Gurkhas has been wholehearted in its support for its kith and kin in Nepal. Its members are all very keen to deploy in order to support and assist if they can. The brigade has been incredibly active in fundraising and has generated in excess of £300,000 to help the relief effort, which is a commendable achievement.

I would like to thank the noble Lord, Lord Bilimoria, for raising this important subject for debate. I will write to noble Lords on questions that I have not been able to cover this evening, but I am pleased to have had the opportunity to explain the Government’s position on both the support we are providing for the Gurkha Welfare Trust in Nepal following the tragic events of the earthquake and the celebrations behind 200 years of Gurkha service to the Crown.

[Lord Bilimoria]

I thank the noble Earl for his response, but there was one very specific question: can the Government assure us that there will be no further cuts to the Gurkhas, regardless of the SDSR?

[Earl Howe]

My Lords, I am sure the noble Lord knows that I cannot separate the Gurkhas out from the SDSR. It would be as impossible to do that for the Gurkhas as for any other part of the British Army. However, I note the strength of feeling that the noble Lord has expressed, and I am sure that that will be conveyed back to those who are in the throes of preparing the initial stages of the SDSR.