Armed Forces Act (Continuation) Order 2021

Lord Bhatia Excerpts

Thursday 11th February 2021 Lords Chamber

[Lord Bhatia (Non-Afl) [V]]

My Lords, this SI has been prepared by the Ministry of Defence. The SI

“provides for the continuation in force of the Armed Forces Act 2006 … which would expire at the end of 11 May 2021”.

This instrument will continue in force until the end of 2021. As the Explanatory Memorandum says, its territorial application is worldwide. It

“applies to members of the armed forces wherever they are in the world and applies to civilians subject to Service discipline in certain areas outside the United Kingdom or on Service ships or aircraft. Civilians subject to Service discipline are … defined in Schedule 15”.

These groups are

“principally of persons who work or reside with the armed forces in certain areas outside the United Kingdom or are travelling on Service ships or aircraft.”

As it then says,

“the 2006 Act would cease to have effect one year from 12 May 2016 … but for the fact that Her Majesty has power to make Orders in Council, each extending the life of the 2006 Act for one year … The central effect of expiry of the 2006 Act would be to end the provisions which are necessary to maintain the armed forces as disciplined bodies. Crucially, the 2006 Act confers powers and sets out procedures to enforce the duty of members of the armed forces to obey lawful commands. They have no contracts of employment, and so no duties as employees. Without the 2006 Act, the powers and procedures under which the duty to obey lawful commands is enforced would no longer have effect. Commanding officers and the Court Martial would have no powers of punishment in respect of a failure to obey a lawful command or any other form of disciplinary or criminal misconduct. Members of the armed forces would still owe allegiance to Her Majesty, but the power of enforcement would be removed.”

The Act provides all the necessary powers for the commanders of the Armed Forces, which are among the UK’s most valuable assets. They defend our country during wartime and, in some cases, give their lives for the country. In return, the UK has a duty to ensure that when the soldiers retire or are killed, there are proper pensions for them and their families. Are the pensions and support structures in place to ensure that these individuals and their families are protected effectively?

Overseas Operations (Service Personnel and Veterans) Bill

Lord Bhatia Excerpts

2nd reading & 2nd reading (Hansard) & 2nd reading (Hansard): House of Lords
Wednesday 20th January 2021 Lords Chamber

[Lord Bhatia (Non-Afl) [V]]

My Lords, the conduct of parties during armed conflict has traditionally been regulated by international humanitarian law, and the law of conduct of the UK’s Armed Forces has traditionally been, in armed conflict, UK domestic law. Over the past two decades, a number of rulings have expanded the territorial application of the European Convention on Human Rights. There has also been an increase in the number of legal proceedings brought against the Armed Forces and the Ministry of Defence relating to the conduct of military personnel on operations overseas.

The Government have argued that action needs to be taken to provide greater certainty for service personnel and veterans involving what are described as vexatious claims concerning the prosecution of historical events. Part 1 of the Bill establishes new restrictions to bringing proceedings against current and former members of the Armed Forces, including the presumption against prosecution after five years and the requirement to take into consideration the conditions that members of the Armed Forces are in during overseas operations. Part 2 introduces time limits on some civil claims and claims made under the Human Rights Act.

The Bill has been criticised by the Joint Committee on Human Rights, which has argued that it could undermine the UK’s obligations under international humanitarian law, international human rights law and international criminal law. Several amendments to the Bill were tabled during Committee and on Report by Members of the Opposition and other parties and some Conservative MPs. MPs voted on several of them, but they were all defeated.

Our Armed Forces are considered to be very disciplined. They put their lives in front of enemies who breach international law. Our soldiers have taken split-second decisions. Therefore, the Bill should rightly have cross-party support.

Defence and Security Public Contracts (Amendment) (EU Exit) Regulations 2020

Lord Bhatia Excerpts

Tuesday 3rd November 2020 Lords Chamber

[Lord Bhatia (Non-Afl) [V]]

The main legal framework for government procurement is the Public Contracts Regulations 2015, implementing directives from 2014 to 2024 in the UK. The defence and security directive introduced a tailored regime for the procurement of defence and security requirements. Those requirements are important—it is important that all procurements are made with proper tendering processes. There is a need to ensure that we do not end up giving defence procurement contracts to organisations that could jeopardise our defences. I support this regulation, as the defence of our country is paramount.

[The Deputy Speaker (Lord Brougham and Vaux) (Con)]

The noble Baroness, Lady Smith of Newnham, should unmute herself.

Covid-19: Military Operations and Support

Lord Bhatia Excerpts

Thursday 10th September 2020 Lords Chamber

[Baroness Goldie (Con)]

I know the noble Lord is anxious to draw me on some specifics, but he will not be surprised to learn that I am not going there. The integrated review is under way, and it is a significant and important review. As I explained earlier to the noble Lord, Lord McConnell of Glenscorrodale, we are taking account of all changing circumstances. The objective is to be in a situation with the capability, robust and tested, to meet the challenges of the new age. We are living in a very different age to even 10 years ago with new threats and technologies. The integrated review will take all that into account.

[Lord Bhatia (Non-Afl) [V]]

My Lords, the Army said that it is ready to serve during the Covid-19 pandemic, and it could also support the NHS. Some 4,000 military personnel have been seconded to civil authorities. Can the Minister say whether the Navy or Air Force have also provided any support?

[Baroness Goldie (Con)]

I am going to undertake to write to the noble Lord with more detail. I do not have sufficient information before me to respond to his question.