Armed Forces Covenant

Lord Bilimoria Excerpts

Monday 9th January 2017 Lords Chamber

[Lord Bilimoria (CB)]

My Lords, not one member of the UK Armed Forces was killed in operations in 2016. It was the first time since 1968 that no one had died—although, sadly, there were deaths on exercises. The Chilcot report exposed the way in which the MoD and Ministers ignored the strict controls known as harmony guidelines on the frequency and length of operational tours of duty that are there to protect the physical and mental health of our troops. Will the Minister talk to us about these guidelines?

The Chilcot report also revealed that in 2006 the then Sir Richard Dannatt, who was then commander-in-chief of UK land command, said:

“As an army, we are running hot, and our operational deployments are well above planned levels … Quite properly, we often talk about an implied contract—the ‘military covenant’—that as an army we have with our soldiers and their families and I fear that it is somewhat out of balance”.

Policy Exchange, in its report The Fog of Law, says that,

“human rights laws mean British troops operating in the heat of battle are now being held to the same standard as police officers patrolling the streets”,

of London. Is this applying the covenant? Surely, when it comes to our troops we should be applying IHL—the Geneva conventions—with primacy over human rights laws. Does the Minister agree?

I thank the right reverend Prelate for initiating this debate. Armed Forces families are living in squalor, with leaking roofs and broken toilets. The latest covenant report admits to this. A poll commissioned by SSAFA found that,

“seven out of 10 wanted to see more support given to veterans”.

It is so important that veterans are part of this.

The introduction of the Armed Forces covenant is so positive but it lacks bite. It provides excellent guidance but there is no guarantee of enforcement. Can the Minister tell us how well this is being enforced by councils around the country?

To conclude, our servicepeople are not mercenaries. They do not fight for money but to serve our country and because of appreciation. It is great that the covenant is enshrined in law, but what are the Government doing to publicise this covenant report every year? Doing so will help morale and recruitment. We can never take our services for granted. The covenant is a promise by the nation, and we must always appreciate the amazing and priceless service of our troops, and the sacrifice they make.

Armed Services: Claims

Lord Bilimoria Excerpts

Thursday 24th November 2016 Lords Chamber

[Lord Bilimoria (CB)]

My Lords, I remember as a teenager going to visit my late father, Lieutenant-General Bilimoria, when he was a brigadier commanding a desert brigade in Rajasthan. He said, “Come on. I want to show a military court martial”. I remember going and sitting right at the back. Talking to your Lordships now, I can picture watching the Judge Advocate-General in action. I realised then and there that if something happened, the military conducted the business in its own way through a court martial.

The Conservative Party’s 2015 general election manifesto made a commitment to,

“ensure our Armed Forces overseas are not subject to persistent human rights claims that undermine their ability to do their job”.

Last December, Michael Fallon, the Secretary of State for Defence, was reported as saying,

“that there was ‘a strong case’ for suspending the European human rights law when sending forces into action overseas”.

He told the Daily Telegraph that ambulance-chasing British law firms were inhibiting the operational effectiveness of British troops abroad and,

“argued that the European convention—which applies in the UK through the Human Rights Act—was ‘not needed’ in the field of military conflict overseas”.

Does the Minister agree?

In January, the then Prime Minister David Cameron set out his plans to reform the situation. He said:

“It is clear that there is now an industry trying to profit from spurious claims lodged against our brave servicemen and women who fought in Iraq. This is unacceptable and no way to treat the people who risk their lives to keep our country safe. It has got to end”.

We talk about derogation. In October the Government announced that they will introduce a presumption to derogate from the ECHR in conflicts to protect Armed Forces from persistent legal claims. Can the Minister confirm that this will be the case in future because he wrote:

“While the Courts have been seeking to reconcile the Convention with the long established Law of Armed Conflict (or International Humanitarian Law), our military personnel have been engaged in operations overseas in support of the international community”?

The Attorney-General gave evidence to the House of Commons Defence Sub-Committee. He highlighted that the decision to derogate would not be “immune from challenge”, and therefore there would need to be a,

“logical and defensible thought process applied to the decision to derogate”.

Will the Minister explain that?

Policy Exchange published a well-known document which stated:

“The application of laws originally designed for domestic civilian cases to military operations overseas has changed the way the armed forces can act”.

It argued in favour of applying IHL not human rights law to military operations. Toby Perkins, then shadow Minister for the Armed Forces, commented that IHAT,

“is being abused by irresponsible law firms or malicious complainants”.—[Official Report, Commons, 27/1/16; col. 201WH.]

We had a debate on this matter in February. I remember that I had just returned from the Indian Defence Services Staff College in Wellington. The Guards officer, Lieutenant-General Gadeock, the commandant, reminded me of the motto of the staff college: “To war with wisdom”. The mascot of the staff college—its emblem—is the owl, which of course stands for wisdom. Are we being wise in this country when it comes to the law and the Armed Forces? I thank the noble and learned Lord, Lord Brown, for initiating this important debate and for speaking about the fog of war and the fog of law.

Everyone has been consistent. The former Armed Forces Minister Penny Mordaunt has spoken openly about spurious cases being the,

“enemy of justice and humanity”.—[Official Report, Commons, 27/1/16; col. 203WH.]

After all, France has opted out of certain elements of the ECHR to protect its military from the threat of litigation as have Portugal, the Czech Republic and Spain. Why can we not? Why will we not definitively say that we are going to do this? The Geneva protocols should be applied in conflicts and war. Surely the Minister agrees.

In the Defence Services Staff College, I remember referring to 10 Things Entrepreneurs and Military Pilots Have in Common by Ron Yekutiel. Two of those 10 things are “Be Bold” and:

“Just get the Job Done”.

Can you be bold and just get the job done when you have the ECHR hanging over you?

The noble Lord, Lord Richard, spoke about the military covenant. The first duty of government is the defence of the realm. The covenant is at the heart of everything.

A letter was written by our former senior generals, many of them now noble Lords. They said very clearly:

“The increased risk of prosecution constrains the ability of commanders to respond to fast-moving situations on the battlefield”.

As the noble Lord, Lord Dannatt, said, this could lead to a generation of risk-averse military leaders, which undermines the world-class status of our Armed Forces and their morale.

I conclude by talking about General Ian Cardozo, who wrote the book on my father, Lieutenant-General Faridoon Bilimoria: His Life & Times. I asked his opinion on all this. He said very clearly:

“A soldier by the very nature of his profession is required to put ‘Country First and Self Last’”.

In his own words, he spoke about the covenant:

“Considering the above, and the fact that personnel of the armed forces carry out their duties cheerfully and courageously, in the face of death, it would be incumbent on the country that he serves, that he is treated with honour and respect and that this translates into a system that cares for him should he be killed or disabled during the execution of his duty … the soldier needs to know that he and his family will be dealt with fairly should the occasion demand. A country that does not look at the needs of the soldier in a fair and just manner dishonours itself”.

If I may, I will conclude by reading a poem that I came across that sums it all up, written by an unknown soldier:

“I am that which others did not want to be,

I did what others did not want to do,

and went where others feared to go,

I have felt the blistering cold,

stared death in the face,

and enjoyed only a moment’s love.

Even though no one cares who I am or what I’ve done,

I can honestly say

I am proud of what I am!

A SOLDIER”.

We cannot let them down.

Queen’s Speech

Lord Bilimoria Excerpts

Monday 23rd May 2016 Lords Chamber

[Lord Bilimoria (CB)]

My Lords, the gracious Speech included the words:

“My government will hold a referendum on membership of the European Union”.

Could the UK survive if it left the EU? The answer is: absolutely, yes. There is no doubt that we would as we are a hugely adaptable, flexible and resilient nation. I am openly Eurosceptic. The European Union is in urgent need of reform. Despite their huge powers, MEPs have no accountability before the electorate and no connection with the regions they represent. I do not know anyone who knows who their MEPs are. Furthermore, it is ludicrous to move from Brussels to Strasbourg for a week every month; the EU should be based in Brussels. Just imagine if Parliament had to move between Westminster and Belfast or Edinburgh once a month. The euro is a proven failed project because one size cannot fit all—and, on that point, the noble Lord, Lord Owen, was right. The European Union has just 7% of the world’s population and 25% of the world’s economy, yet it has 50% of the world’s welfare spending. That is unsustainable.

Yet, in spite of my reservations, and in spite of being a Eurosceptic, I believe that we should stay in the European Union. Yes, the UK would adapt if we left, but the question is about the short to medium-term consequences: instability, uncertainty and destabilisation. There is no question but that the UK economy and our international standing would take a severe blow should we vote to leave the EU. This is the view held by heads of state, international trading partners, almost every country in the world and, critically, our closest allies.

Indeed, if we left the EU, we would need to renegotiate 50 trade agreements, not least our trade deal with the EU itself. That would not exactly be an easy negotiation with an organisation we had just deserted and, through our actions, possibly permanently destabilised. Brexiteers talk about how we would be able to sign trade deals quickly with other countries, and even talk about relying on the WTO. Well, if the WTO was so great, why were all these trade deals necessary in the first place? Trade deals are notoriously tortuous processes, and it will not be easy to agree trade deals with other countries, especially as we will be trying to forge trade deals with the very countries which did not want us to leave the European Union in the first place. As we know, the EU accounts for 44% of our exports and 55% of our imports but, in contrast, only 8% of the EU’s exports head to the UK. Indian administrators, politicians and business leaders see the UK as a gateway to the European Union and the key to their prosperity. European leaders do not want us to leave. They have categorically said: “We want you to be a part of the EU”. The IMF, the CBI and the Bank of England have all urged the UK not to leave. I have spoken with professors from Harvard Business School, of which I am an alumnus, who have been unanimous in urging the UK to remain in the EU. In fact, they have gone so far as to say, “You would be mad to leave”. This is about pragmatism and the enormous impact leaving the European Union would have on inward investment, international trade, innovation, the strength of our industries and economic growth.

Should we leave the European Union, we would lose a vast amount of research and development funding, threatening something that is already underfunded compared with the EU and OECD averages. Almost 1,000 projects at 78 UK universities and research centres benefit from funds from the European Research Council. We also stand to lose the strong collaboration that currently exists between British and European universities. In fact, all universities in this country have spoken out against Brexit. I am chancellor of the University of Birmingham and chair of the advisory board of the Cambridge Judge Business School. The noble Baroness, Lady Perry, made an amazing valedictory speech as a university leader. It was inspirational.

More broadly, people simply do not realise that we are the number two inward-investment destination in the world. There is no question but that Brexit would cause our inward investment to suffer. Look at the automotive industry, with Tata, Toyota and other Japanese manufacturers. Look at the City of London, which sucks in huge amounts of investment and talent. Our recovery is fragile because of our budget deficit and current account deficit; Brexit would cause huge instability, a dip in the pound, a rise in interest rates, a rise in inflation, a drop in house prices and, almost definitely, a recession.

In her excellent maiden speech the noble Baroness, Lady Jowell, mentioned migration, one of the most talked-about topics in that debate. The reality is that 50% of net migration to this country is non-EU. If we were to leave the EU, not only would we probably have to agree to free movement of trade and people anyway, but it is not as if EU immigration would come to a standstill. This country is reliant on talent from across Europe. From agriculture to hospitality to the City of London, an immediate cessation of EU immigration would hit our economy hard.

Arguments focusing on the impact of the introduction of the living wage are invalid, as 40% of EU migrants are under the age of 25. Benefits are another red herring, as EU immigrants contribute five times more than they receive in benefits. Brexiteers keep contending that, as we are the fifth largest economy in the world, we would be fine outside the EU. They neglect to mention the role that the EU has played in that through investment, its 500-million-strong market and our standing. We are not a superpower but a global power, and Brexit would cause our standing on the world stage to be hampered. We sit at the top table in the world on every front: a permanent seat on the United Nations Security Council and membership of the G7, the G8, the G20, the EU and NATO. On that note, it is not just NATO that has kept us safe and secure over seven decades—it is the EU and NATO together. We have never operated alone; we thrive in collaboration and partnership.

A senior vice-chancellor of a European university said to me the other day, “How can the UK even think of leaving Europe? You have saved us twice in the last century. How can you even think of being responsible for what might potentially destroy the EU? Would you be able to live with that?”. That is not what this country does. We do not desert. We do not run away. Europeans see us as a beacon of freedom, justice, democracy and fairness. Leaving the EU would threaten both the Union and our economic recovery, and we should heed the advice of almost everyone else in the world outside the UK.

Brexiteers talk about losing our sovereignty. We are very much in control of our sovereignty, as we have the best of both worlds: we are part of the EU but not part of Schengen, and we are not part of the euro. Crucially, we are also not bound to measures advocating an ever-closer union. This is where I disagree with the noble Lord, Lord Owen: there is no way there will ever be a United States of Europe. We are in control of our destiny and, in spite of all the protestations about EU red tape, the majority of red tape and barriers in this country come from ourselves through our tax system, planning laws and housing laws, not from the EU. Many EU directives have in fact been good for this country. We are one of the most open and flexible economies in the world where, in 26 years of building a brand from scratch, I have never come across corruption. An open economy has enabled me to build a household name and a growing global brand, thanks to this country, not because of any EU red tape.

I am not talking about scaremongering; I am talking about reality. In fact, it is what the Brexiteers want us to do that risks everything we have and creates uncertainty. We need to stay together in the EU and help it to reform from the inside. As the famous saying goes: “If you want to travel fast, travel alone. If you want to go far, travel together”.

Armed Forces Bill

Lord Bilimoria Excerpts

Thursday 11th February 2016 Lords Chamber

[Lord Bilimoria (CB)]

My Lords, the Minister started this debate by saying that the Armed Forces Bill would renew the Armed Forces Act 2006, which provides the legal basis for the existence of the Armed Forces as disciplined bodies. I have just returned from addressing the 71st course at the Defence Services Staff College in Wellington in the Nilgiri hills in south India. I have known the institution since my childhood. When I was a little boy, my father was a major attending the course. When I was at boarding school in neighbouring Ooty, my uncle, Lieutenant-General Sethna, was commandant. Later, in the 1980s when I was at Cambridge, my father, Lieutenant-General Faridoon Bilimoria, was commandant. I returned there eight years ago to address the 63rd course in 2008. When I was there this week, I was taken by the immaculate condition of the staff college. It was the best I have ever seen it, under the leadership of its current commandant, the Guards officer Lieutenant-General SK Gadeock. He reminded me of the motto of the staff college—“To war with wisdom”—and the mascot of the staff college, its emblem, the owl. Of course, the owl stands for wisdom.

Are we being wise as a country when it comes to the law and the Armed Forces? The noble and learned Lord, Lord Brown, spoke of the fog of war, and we have been speaking about The Fog of Law. Penny Mordaunt, the Armed Forces Minister, has spoken openly about the spurious cases being brought by parasitical lawyers whose behaviour is the,

“enemy of justice and humanity”.—[Official Report, Commons, 27/1/16; col. 203WH.]

We have heard of “lawfare”. Legal firms have brought more than 1,500 allegations of abuse and killings against British troops in Iraq. Ms Mordaunt said that that they are bringing morally unjustifiable cases on an industrial scale. For instance, Public Interest Lawyers, founded by Phil Shiner, has brought a case against British troops even though it was accepted 11 years earlier that Danish troops were responsible and Danish forces had already accepted responsibility and paid compensation in 2003. Ms Mordaunt said that we will take action against any legal firms we find to have abused the system and made spurious and fabricated claims. Will the Minister say why this issue is not being addressed in the Bill? IHAT has a huge backlog. It spent £57 million to find evidence of wrongdoing in only one case. A team of more than 145 detectives and staff will not complete its work until 2019. We hear that further allegations may be brought against troops who have served in Afghanistan. According to Johnny Mercer, the situation is out of hand. No other country has legislation put to the Armed Forces in the way we are experiencing here.

The Prime Minister wants to stamp out spurious legal claims against British troops returning from war and this awful no-win no-fee culture. The Defence Secretary has spoken of ambulance-chasing British law firms and said that there is a case for suspending European human rights laws when sending forces into action. Does the Minister agree? The Prime Minister has said that the National Security Council has been ordered to produce a comprehensive plan to stamp out this industry. Will the Minister update us on this? This is stopping the Armed Forces doing their job. How long will it take to finalise the proposed new British Bill of Rights which it is hoped will replace the Human Rights Act and make Britain’s Supreme Court more powerful than the European court? In the mean time, as the noble Lord, Lord Burnett, said, does the Minister agree that we can derogate from the ECHR, as we did after 9/11, to protect ourselves from being sued if we are going to a theatre of operations where we think compensation could be applied? After all, France has opted out of certain elements of the ECHR in order to protect its military from the threat of litigation. Portugal, the Czech Republic and Spain have all derogated in the way that France has. Why can we not? Why should we not?

The noble and gallant Lord, Lord Boyce, spoke about fighting effectiveness and about lawfare. Surely the ECHR was designed for civilian situations to protect the public from the misuse of state powers. Instead it is being used to bring legal claims against the military during times of war. The Geneva protocols should apply in conflicts of war. Does the Minister not agree?

The Policy Exchange, talking about its report The Fog of Law, says that,

“human rights laws mean British troops operating in the heat of battle are now being held to the same standard as police officers patrolling the streets”,

of London on a Saturday evening. This is completely out of proportion. In fact, Article 15 of the ECHR allows countries to derogate in times of war or other public emergency threatening the life of the nation.

My father commanded his battalion of the 2/5th Gurkhas in the liberation of Bangladesh in 1971. When they were about to take over a town, the brigade commander phoned my father and said, “I want that town taken by breakfast tomorrow morning”. My father said, “No, sir, I will not obey your order. I will give you that town by lunch. If I take it by breakfast I will lose too many of my men”. He did indeed take the town by lunch. Sadly, he still lost lots of his men. However, he made that decision in war.

I come to the question of adequate equipment. Since we are talking about the Gurkhas, whose 200th anniversary we celebrated last year, I say that my father’s battalion won three Victoria Crosses in the Second World War. I am on, and for six years was proud to chair, the committee for the Memorial Gates on Constitution Hill. In the ceiling of the pavilion there are the names of the Gurkha Victoria Cross winners. How many of them had adequate equipment? Their adequate equipment entailed a kukri with which they would single-handedly combat troops with a cry of “Ayo Gorkhali”—“Here come the Gurkhas”. Field-Marshal Manekshaw, another former commandant of the Defence Services Staff College in Wellington, famously associated with the Gurkhas, said that if a man says he is not afraid of dying, either he is lying or he is a Gurkha. This sort of bravery has no place for human rights lawyers.

Under the Geneva convention, lethal force is allowed as a matter of first resort against the enemy. Under the ECHR, lethal force should be used only as a last resort and only in exceptional circumstances. That is wholly inappropriate. The Minister said that the Bill is modest, and I am afraid I have to agree with him. It does not address a major issue. Last year was the 200th anniversary of the Battle of Waterloo. What was the motto of the Duke of Wellington, one of the most famous heroes in this country? “Fortune favours the brave.”

In my talk to the Defence Services Staff College, which trains officers for armies, navies and air forces from all over the world, I spoke about the article 10 Things Entrepreneurs and Military Pilots Have in Common, written by Ron Yekutiel. Two of those 10 things were “Be bold” and “Just get the job done”. How can you just get the job done when you have the ECHR breathing down your neck and human rights lawyers ambulance-chasing you? This year at Harvard Business School, which I have attended for 14 years, we talked about the difference between playing to lose and playing to win. I believe that the British Army is famous for playing to win.

The SDSR 2015 was very positive, after the very negative one in 2010. Defence spending will rise by 5% by 2020-21. We will restore our lost capability after a decade of no carriers and no maritime patrols. We have one of the five highest levels of defence expenditure in the world. We are one of less than a handful of countries that now adhere to our 2% of GDP spending NATO commitment.

We are not a superpower; there is only one superpower on this planet and that is the United States of America. However, we are not a regional power or local power. We are at the top table of the world in every sense—the UN Security Council, the G7, the G8, the G20, NATO and the European Union. We are a global power.

The House of Commons Defence Committee produced a report, Flexible Response? An SDSR Checklist of Potential Threats and Vulnerabilities. It identified the following threats:

“Cyber-attack and espionage … Growing instability in the Middle East and North Africa … Increases in extremism, radicalisation and other enablers of terrorist activity … Non-state actors and hybrid warfare undermining the international rules-based order … Potential for conflict in the South and East China Seas … Potential for Russian aggression in Europe and the High North and possible dilution of the commitment to Article 5 … Economic dependence on unreliable partners … Inability to react to sub-conventional threats … Inadequate training opportunities for UK Armed Forces … Lack of numbers in UK Armed Forces and gaps in capabilities”.

On that note, when I was in India this time with the Indian Army it reminded me of when my father commanded the largest corps in the Indian Army. That corps has a strength of 100,000. The army that he commanded was 350,000 strong. Our troops now number 80,000. Lastly, the committee identifies:

“Lack of expertise in Whitehall”.

The report concludes:

“The SDSR must demonstrate adequate awareness of them all, and configure the Armed Forces to provide the flexibility, versatility and ability to expand which are essential for the defence and security of the United Kingdom”.

This is about the services. The motto of Sandhurst, where my grandfather was commissioned, is, “Serve to lead”. The motto of the Indian military academy where my father was commissioned, if I may paraphrase it, is, “The honour, safety and welfare of your country come first, always and every time. The safety and welfare of the troops that you command come second, always and every time. Your own safety and welfare come last, always and every time”.

We have had three varied and excellent maiden speeches today. The noble Lord, Lord Shinkwin, spoke movingly of the Armed Forces covenant. We now have an annual report prepared on the covenant. Let us remind ourselves of what this is all about. The Armed Forces covenant is an enduring covenant between the people of the United Kingdom, Her Majesty’s Government and all those who have served the Armed Forces of the Crown and their families.

The first duty of government is the defence of the realm. Our Armed Forces fulfil that responsibility on behalf of the Government, sacrificing some civilian freedoms, facing danger and sometimes suffering serious injury or death as a result of their duty. In return, the whole nation has a moral obligation to the members of the naval service, the Army and the Royal Air Force. Together with their families, they deserve our respect, support and fair treatment. Recognising those who perform military duties unites the country and demonstrates the value of their contribution. This has no greater expression than in upholding this covenant. The covenant is at the heart of everything. We have to address the major lack in the Bill. I hope that we do.

--- Later in debate ---

[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.

Strategic Defence and Security Review

Lord Bilimoria Excerpts

Thursday 3rd December 2015 Lords Chamber

[Lord Bilimoria (CB)]

My Lords, I welcome SDSR 2015, which starts with a vision of a secure and prosperous United Kingdom, with global reach and influence, with the NATO target of 2% of GDP spending on defence agreed by the Government. Thank you very much. There will be an increase in the defence budget in real terms every year—thank you very much—as well as a commitment to increase and not to reduce the Army below 82,000, and to increase the RAF and Navy by 700 people. Thank you very much. Spending will be,

“£178 billion over the next decade on equipment and equipment support”,

increasing by 1% in real terms. This is all excellent news. The nuclear deterrent will be maintained, and the replacement of the Vanguard class with the new class. There will be an increase in,

“the resources for counter-terrorism police and the security and intelligence agencies to pursue terrorists”,

and,

“more than double our spending on aviation security around the world”.

This is absolutely marvellous. India’s Prime Minister, Narendra Modi, on his visit last month to the UK, spoke in the Royal Gallery of three joint defence exercises between the UK and India already in one year. This is marvellous. Does the Minister agree that we should continue that?

We will be dedicating 1.2% of the defence budget to science and technology over this Parliament, and establishing,

“a defence and security accelerator for government to help the private sector, allies and academia turn ideas into innovative equipment and services”.

This is absolutely brilliant—all music to my ears. I thank the noble Earl, Lord Attlee, for initiating this debate and congratulate all the maiden speakers.

The Economist has gone so far as to say that the SDSR 2015 allows Britain to reassert,

“itself as a serious military power”,

and will allow it to regain some of the respect that it has lost in Washington. Given the debate and the action in Syria, both here and in the other place yesterday, there is every possibility that we will have to put boots on the ground to fight the spread of anarchy across Syria and Iraq, and we will be left in a difficult position.

The expertise in this House was demonstrated yesterday to be a hundred times that of the other place, yet we did not get to vote yesterday at all. It shows how important it is that we look ahead and recognise the effects of the so-called Black Swans. The Prime Minister said that we must expect the unexpected. Earlier this year, I was privileged to lead the debate in this House on the 200th anniversary of the Gurkhas’ contribution to the UK and India. My late father, Lieutenant-General Bilimoria, was commissioned into the 2/5th Royal Gurkha Rifles, Frontier Force, and commanded his battalion in the 1971 war for the liberation of Bangladesh, was colonel of the Gurkha regiment and president of the Brigade of Gurkhas and retired as commander-in-chief of the central Indian army.

The noble Lord, Lord Howell, spoke about soft power, the BBC and the British Council. Professor Joseph Nye of Harvard University said that a combination of hard power and soft power gives you “smart power”. SDSR 2010 was not smart—it was dumb. Quite frankly, it was negligent; we had no carriers, no Harriers, no maritime reconnaissance, cuts to our troops and means before ends. Does the Minister agree with the noble Lord, Lord West, that there has been a 30% reduction in military capability since 2010? I have been very outspoken in my criticism of the SDSR 2010, with the cuts to the troops of 80,000—you cannot even fill Wembley stadium. Prime Minister Narendra Modi spoke in Wembley stadium. Today there are barely 3,000 Gurkhas in the British Army whereas, in India, the Gurkhas are approaching 100,000. I was privileged to show General Dalbir Singh, the chief of the Indian army, from the 5th Gurkhas, around Parliament. Will the Minister confirm and reassure us that there will be no further cuts to the Gurkhas? Field Marshall Sam Manekshaw, former chief of the Indian army, said that if a man says that he is not afraid of dying, he is either lying or a Gurkha.

Yesterday, we saw the fight of the evil of Daesh, ISIL, ISIS, Islamic State or IS, whatever these monsters are called—we decided to intervene in Iraq and Syria yesterday, whereas last year we decided to intervene only in Iraq. Does the Minister agree that that was a mistake and that we should have intervened in Iraq and Syria a year ago?

Without doubt, defence of the realm is the most important role of government. We are a tiny nation with just 1% of the world’s population but thanks to the hard and soft power we have one of the most powerful defence forces in the world, so powerful that the world knows that this hard and soft power emanate from a country that is respected for and has fought for freedom, fairness, justice and liberty for centuries.

Armed Forces: Reserves

Lord Bilimoria Excerpts

Thursday 22nd October 2015 Grand Committee

[Lord Bilimoria (CB)]

My Lords, I am delighted that the Chancellor, George Osborne, has committed to the 2% target that Britain was instrumental in implementing at NATO. Our doing so was a crucial step in maintaining our capability to respond to unknown and unforeseeable circumstances, and yet the current plans the Ministry of Defence maintain for the reserves severely reduce our capabilities to respond to threats. I believe it is being used as a cost-cutting measure rather than as a means to improve our Army. It is means before ends, once again, just as it was in SDSR 2010.

The need to update our Reserve Forces is crucial. When the independent commission first investigated the Armed Forces, it noted that in 2005 the Army Reserve—then called the Territorial Army—was no longer required to support large-scale operations. Despite this, the reserve was not modified to reflect this, leaving 80 major units configured for operations. It is difficult to compare our military to America’s, given the wholly different size and nature of the Army Reserve, but in the United States, reserves make up 32% of the current army. In Australia it is 30%, and yet here in the UK it is only 16%. The Future Reserves 2020 consultation paper makes clear that the Canadian reserve force is far more prepared for active combat than our current force, drawing attention to the nature of graduate recruiting into the Army as preferable to that within our own Reserve Forces. The paper points out the effectiveness of Australian reservists in providing military aid to the civil authority for events such as the Olympics—as was required over here—in a manner instructive to the UK Army.

I thank the noble Lord, Lord Freeman, for initiating this important debate. I think the whole House would agree that reforms to modernise and upgrade our reserves are paramount. Yet I am concerned that the strengthening of the Army Reserve is primarily a cost-cutting measure rather than a military one. The integration programme has been poorly executed, to the extent that 65% of Regular Army members surveyed believe that reserves are currently not well integrated. Does the Minister recognise this? Given that the aim of the Army 2020 programme is to create a fully integrated force, this is worrying. These statistics demonstrate that the overall priority of the Government has not been to maintain the quality necessary within our Armed Forces. This is a real worry, because reserves seem to be making up for cuts in the Regular Army. For me, reserves taking the place of the Regular Army is an oxymoron. Surely the increase in reserve strength and capability should be something designed to complement the Regular Army, not replace it. Would the Minister agree?

Even with the course the Government have chosen to go down, it is essential that at no point are we left with an incapable force. Unfortunately, the current nature of the replacement programme leaves us threatened with just that. It is especially dangerous and leaves us vulnerable as a nation while the necessary transition to a more integrated force is being completed. As the noble Lord, Lord Freeman, said, the timeline of the recruitment and training of the reserves should be a cause of concern to us all. It was initially the case that the number of Regular Army members would not fall until the number of reserves had risen to compensate for the demand. Yet the projects set out in the Army 2020 plans are being used to cover for increasing weaknesses in the body of our Regular Army. The National Audit Office showed that recruitment of reserves is 67% down on required figures, and the figure for regular personnel is below target at 34%. Would the Minister confirm those figures? The figures confirm the fears that I and others have that the redevelopment of the reserves is primarily for budgetary reasons rather than military ones. Projections in this report have shown that we will only reach the 30,000 figure for reservists in 2025. In the years before achieving that objective and completing the transition to a fully integrated Army, we will be significantly less able to respond to threats. Would the Minister accept that? Such a reduced Army will mean that we are unable to exert ourselves significantly in the world or to cope with the so-called black swan events that are impossible to predict, and without the capability to respond swiftly in future years.

The United States Defense Secretary said, just recently, that Britain has always punched above its weight when it comes to our Armed Forces. Today is the 75th anniversary of the Royal Engineers’ bomb disposal unit. Today I heard Warrant Officer Karl Ley, who was awarded the George Medal for clearing more roadside bombs than anyone else in history—139, including 42 in a single village. He said that the British Army is the best-trained in the world, and he said it with pride. He said that because we are the best-trained in the world, “We train hard, we fight easy”. The British Army has to retain that culture and reputation of excellence as the best of the best in the world—something that is a matter of pride for all of us. The reform of our reserves to form a more integrated force is necessary to achieve that goal, but it should be pursued as a method to strengthen our Army capabilities, not as a method to save money and thereby weaken our capabilities.

Defence: Budget

Lord Bilimoria Excerpts

Wednesday 17th June 2015 Lords Chamber

[Lord Bilimoria (CB)]

My Lords, last week, when I asked the chief of the Indian army, General Dalbir Singh Suhag—from my late father Lieutenant General Bilimoria’s regiment, the 5th Royal Gurkha Rifles—what is the strength of the Indian Army today, he said 1.3 million. Yet today we have cut the British Army to 80,000—not even enough to fill Wembley Stadium. I thank the noble Lord, Lord Sterling, for initiating this debate. As he said, the Chancellor has now asked for a further £500 million cut in defence spending even before SDSR 2015.

The US Defense Secretary, the head of the US army and the US President have warned Britain about the impact of defence cuts in no uncertain terms. In the debate I was privileged to lead on the 200th anniversary of the Gurkhas last week, I asked the Minister to confirm that there would be no more cuts to the Gurkhas. They are now down to 3,000. Even when pressed, the Minister could not tell us that they would be protected. I find this deeply worrying.

It has also just been revealed how out of tune the Government are with the public when it comes to defence. PwC has just prepared a report entitled Forces for Change after surveying the public’s views on defence. I declare my interest: PwC is the auditor of the Cobra Beer Partnership, my joint venture with Molson Coors. The PwC report says that 53% of the public want defence spending to be increased beyond the current £37.4 billion. Only 16% want the defence budget cut. Some 37% believe the cost of funding the military helps strengthen the economy. Frighteningly, 53% feel the Armed Forces are weaker than 20 years ago.

Words from the public that recurred throughout the survey were alarming: “underfunded”, “overstretched” and “unequipped”. The strategy of compensating for cuts in the numbers of full-time soldiers with reserves, as we heard from the noble Baroness, Lady Smith, is an oxymoron. Reserves are meant to be reserves and we have seen the challenge of recruiting high-quality reserves. Will the Minister confirm this? The PwC report said that 72% of the public had a positive view of the Armed Forces, and 69% rate the Armed Forces as trustworthy versus only 23% when it comes to Parliament. Some 65% also felt that modern threats are the biggest threats to the UK: terrorist groups, cyberattacks, known unknowns and unknown unknowns. No one predicted 9/11. No one predicted the Arab spring. No one predicted Libya. No one predicted Syria. Barely a year ago no one had heard of Islamic State.

As we have heard before, Britain has amazing soft power: the BBC, our universities—I could go on. But soft power alone, without hard power, is useless. As Professor Joseph Nye of Harvard University said, a combination of hard power and soft power gives you smart power. SDSR 2010 was the opposite of smart. Quite frankly, it was negligent. We have no carriers, no Harriers, no maritime reconnaissance, cuts to our troops—means before ends. I urge the Government to be in tune with the British public, to listen to our steadfast ally, the United States, which has spoken out at the highest level, and to commit to the NATO 2% of GDP defence spending.

To conclude, this debate is on the eve of the 200th anniversary of the Battle of Waterloo. The Duke of Wellington’s motto was, “Fortune favours the brave”. One word the public mentioned above any other in the PwC report about our wonderful, best of the best, cherished Armed Forces—the best in the world—was the word “brave”. I challenge the Government to be brave.

Gurkhas: Anniversary

Lord Bilimoria Excerpts

Wednesday 10th June 2015 Lords Chamber

Asked by

[Lord Bilimoria]

To ask Her Majesty’s Government what activities have taken place relating to the 200th anniversary of the Gurkhas’ service to the Crown and the Government’s support of the Gurkha Welfare Trust, particularly in the light of the recent earthquakes in Nepal.

[Lord Bilimoria (CB)]

My Lords, yesterday I was privileged to attend the Gurkha pageant held at the Royal Hospital Chelsea, where I was proud to be a commissioner for six years.

Throughout the pageant, my eyes welled up with childhood memories of being brought up among the Gurkhas—it all came flooding back. My late father, Lieutenant-General Faridoon Bilimoria, was commissioned into the 2/5th Royal Gurkha Rifles, Frontier Force, and commanded his battalion in the 1971 war for the liberation of Bangladesh. His battalion suffered heavy losses and casualties, including officers I had known and grown up with as a child. How ironic that a couple of decades later I would found a brand, Cobra beer, which we supply to thousands of Indian restaurants in the UK, the vast majority of them run and owned by Bangladeshis.

I am on the commemoration committee of the Memorial Gates on Constitution Hill and was chairman of the committee for six years. These gates exist because of the amazing tenacity of one individual, my noble friend Lady Flather. The Memorial Gates commemorate the contribution of the 5 million volunteers from the Indian subcontinent, Africa and the Caribbean. Inscribed on the ceiling of the pavilion next to the gates are the names of the Victoria Cross and George Cross holders, three of whom were from my father’s battalion, the 2/5th Gurkhas—one posthumous.

Gaje Ghale VC and Agansing Rai VC were living legends, who I was fortunate to have grown up with and have been inspired by for the rest of my life. Agansing Rai VC was subedar-major when my father was commanding his battalion. Legend has it that when my father, as a young captain in a remote area in north-east India, received the telegram of my birth, Gaje Ghale was next to him and jumped for joy. The ground shook, because he was such a large man.

What I learned about the Gurkhas really quickly is that they are the kindest, most caring and most gentle people. For example, when I took my South African possible future wife on her first visit to India, my father’s retired driver, Bombahadur, who continued to serve with my father at retirement, took me aside and said, “Baba, you should marry her!”. My father’s beloved Gurkha had given his approval, and of course then there was no question but that I was marrying Heather.

However, these kind gentle people in peacetime are the fiercest warriors mankind has known. Just reading the citations of the Gurkha VCs makes your jaw drop with feats that are, quite frankly, superhuman. Sir Ralph Turner, a former officer of the 3rd Gurkhas, had written:

“Bravest of the brave, most generous of the generous, never had country more faithful friends than you”.

We are celebrating the Battle of Waterloo and the 200th anniversary of the Gurkhas’ service in the same year. I visited the site of the Battle of Waterloo earlier this year. If the Duke of Wellington had had Gurkhas among his troops, the Battle of Waterloo would not have been won on the playing fields of Eton or because Blücher came to the rescue; it would have been won because Napoleon’s troops, including his beloved Imperial Guard, would have been running in fear back towards Paris, fleeing from the fierce Gurkhas, just as the Argentinians did in the Falklands.

It was disheartening when I first spoke about the Gurkhas in this House in 2008 to start the fight for the Gurkhas who had served in Britain for four years to have the right to stay on in the UK if they wished to do so. It seems so unfair that a person could work for a company for four years and have the right to stay indefinitely, and yet someone who was willing to commit the ultimate sacrifice was not, at that time, allowed to. After that debate—I thank the noble Lord, Lord Lee, who initiated the Bill—Joanna Lumley, whose father had served in the 6th Gurkhas, came to the fore and spearheaded a public battle that generated an outcry among the British public, who were overwhelmingly appalled at this injustice and unfairness. I will never forget in one television interview how Joanna Lumley humiliated the then Home Office Minister, Phil Woolas. Of course, we won the day and justice was delivered.

We should never take for granted what these amazing men have done in the past 200 years for Britain and India. I have been very outspoken in my criticism of the SDSR in 2010, when cuts were made to the Army that I believe were negligent, cutting the number of Army troops to 80,000—not even enough to fill Wembley Stadium. Today, there are barely 3,000 Gurkhas in the British Army, with the Gurkha regiments amalgamated into one, the Royal Gurkha Rifles, with just two battalions, and some in the Queen’s Gurkha Signals, the Queen’s Gurkha Engineers and the Queen’s Own Gurkha Logistic Regiment.

However, in India, the Gurkha regiments left with the Indian army after India’s independence have flourished, with six battalions per regiment, an additional regiment formed—the 11th Gurkhas—and Gurkhas serving in all other arms of the army as well. There are approaching 100,000 Gurkhas serving in the Indian army, recruited from Nepal and India, who, after they retire, settle in both India and Nepal. They are a vital backbone of the Indian army. Will the Minister agree that the 200th anniversary celebrations of the Gurkhas are for the British and for India? It was a privilege today to show General Dalbir Singh Suhag, Chief of the Army Staff of the Indian army, around Parliament—all the more for me because he is also from the 5th Gurkhas. When my father was commander-in-chief of the central Indian army, an army of 350,000 strong, I always felt it meant more to him to be president of the Brigade of Gurkhas and colonel of his regiment.

Could the Minister commit, where the Prime Minister is unwilling to in this dangerous world that we live in, to the NATO commitment of 2% of GDP spent on defence? Could the Minister also reassure us and confirm that there will be no further cuts to the Gurkhas? I look forward to the forthcoming SDSR report and hope that this time it is not about means before ends but about looking carefully at the needs first. It is our duty to look after the veterans, and I commend the work of the Gurkha Welfare Trust and all that it does for Gurkhas to live out their lives with dignity. Can the Minister confirm the commitment for future support of the Gurkha Welfare Trust to continue the wonderful work that it does? Will the Government reassure us?

His Royal Highness the Prince of Wales, who was present at the pageant, said:

“The Brigade of Gurkhas is more than just a fighting force, it is also—in every sense of the word—a family”.

Particularly at this time, with the devastating earthquakes by which so many Gurkhas have been affected so tragically, does the noble Earl feel that we are doing enough to support the Gurkhas in Nepal? Will the Minister confirm that? Our thoughts and prayers go out to all those affected in the two disastrous, tragic earthquakes. Major-General Ashok Mehta, my father’s second-in-command, said:

“Two hundred years of distinguished soldiering have put a halo around the Gorkha in the hall of fame. In this hour of national calamity it is the Gorkha-ness of the Nepalis that will be the greatest enabler to confront the monumental tragedy”.

In my own company, Cobra Beer, I sent out 200 letters to our Nepalese restaurant customers straight after the first earthquake to offer our support to raise funds, and I am delighted to say the restaurants have raised almost £200,000. That is the wonderful spirit of giving in our country.

A fellow Zoroastrian Parsee, Field Marshal Sam Manekshaw—popularly nicknamed by the Gurkhas as “Sam Bahadur”—said:

“If a man says he is not afraid of dying he is either lying or is a Gurkha”.

Prince Harry, who was also present at the pageant yesterday, said that,

“there was no safer place than by the side of a Gurkha”.

This is the Ayo Gorkhali, or “Here come the Gurkhas”, the cry of the Gurkhas—the finest fighting force the world has ever known. The Gurkha motto is:

“It is better to die than be a coward”.

On the 150th anniversary of the regiment of the 5th Gurkhas in 2008, which took place at Sandhurst—I am proud to be a member of the regimental association— I heard a prayer written by the Reverend Guy Cornwall-Jones, whose father served in the 5th Gurkhas. That prayer said:

“Oh God, who in the Gurkhas has given us a people exceptional in courage and devotion, resplendent in their cheerfulness, we who owe them so much ask your special blessing on them, their families and their land. Grant us thy grace to be faithful to them as they have been faithful to others”.

As a nation, we can never thank the Gurkhas enough. We will be eternally grateful to them.

--- Later in debate ---

[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.

Defence: UK Territorial Waters

Lord Bilimoria Excerpts

Tuesday 24th March 2015 Lords Chamber

[Lord Astor of Hever]

My Lords, again, I am sorry to disappoint the noble Lord; I cannot discuss this issue, but I can tell him that defence is a reserved issue and is not the business of the Scottish Government. We will not compromise on the defence of the United Kingdom.

[Lord Bilimoria (CB)]

My Lords, the Minister mentioned the SDSR. Under SDSR 2010, brutal cuts were made and Nimrods were physically destroyed. Would he now say that the Government regret the decision to destroy that amazing capability, which we could use right now?

[Lord Astor of Hever]

My Lords, the severe pressure on the public finances in 2010 and the urgent need to bring the defence programme into balance meant that we could not retain all our existing programmes and that we had to prioritise between capabilities. The aircraft’s future high support costs were a clear factor in that decision. It is also well known that the MRA4 project suffered from repeated delays and cost overruns, and was still suffering from technical problems in 2010.

Armed Forces

Lord Bilimoria Excerpts

Monday 7th April 2014 Lords Chamber

[Lord Bilimoria (CB)]

My Lords, in his 2007 book The Black Swan Taleb was at pains to point out that the trick in dealing with black swans was not predicting them—as outliers, they frankly defy prediction of any sort—but rather with ensuring that you can cope with them and have the resilience to do so. Last year, would anyone really have assumed that we would have been looking at the invasion of a large eastern European country by a resurgent Russia? The answer is almost certainly not.

As the outgoing secretary-general of NATO has said,

“every ally needs to invest the necessary resources in the right capabilities … In the long run, a lack of security would be more costly than investing now and we owe it to our forces, and to broader society”.

The noble Lord, Lord Lee, referred to General Sir Richard Shirreff, who said:

“I wouldn’t want to let anybody think that I think that Army 2020 is good news, it’s not … The sort of defence cuts we have seen … have really hollowed out the British armed forces and I think that people need to sit up and recognise that”.

The number of troops is going down. The Army’s strength was 102,000 and by 2020 it will be 82,000, so we will not even be able to fill Wembley stadium. As Professor Michael Clarke, director of the Royal United Services Institute, said:

“With 82,000 we’ve got a ‘one-shot’ Army. If we don’t get it right the first time, there probably won’t be a second chance”.

I thank the noble Lord, Lord Dannatt, for initiating this debate. He himself has said:

“When the Coalition took its decisions on the size and shape of the Armed Forces at the time of its Strategic Defence and Security Review in 2010, it did so in the midst of an economic crisis … but doubt has remained as to whether a regular Army of just 82,000 is sufficient for our needs, and whether the target of 30,000 trained reservists is achievable”.

The Armed Forces are undergoing a huge reduction. There will be a reduction by 33,000, or 19%, by 2020: 5,500 from the Royal Navy, 8,000 from the Royal Air Force and 19,500 from the Army. In a scathing assessment, General Sir Richard Shirreff has also said that Britain is now the only NATO state not to commit any of its naval forces to maritime operations. What I find shocking—the noble Lord, Lord Glenarthur, referred to this—is that when asked yesterday about Sir Richard’s comments, Mr Hammond said:

“Much of what I’m hearing is nonsense”.

This is our great military expert—our Defence Secretary. He dismissed calls from the noble Lord, Lord Dannatt, the former head of the Army, to halt the withdrawal of British troops from Germany in order to send a military statement to Putin, saying that tank regiments are more effective based in Britain. That was the great general, Secretary of State Hammond.

The head of the defence committee, James Arbuthnot, said that he thought Ministers should rethink the cuts to the Army’s permanent staff in the light of Crimea. He said:

“The sheer number of the armed forces are much lower now than they should be in order to protect our interests”.

The Financial Times said that:

“A leaked report from the Ministry of Defence last year suggested the plans to restructure the army were in ‘chaos’ because potential reservists were being put off by a sense of gloom surrounding the armed forces”.

Can the Minister confirm this? It also said that Robert Gates, the former US Defence Secretary, has warned Britain that it would not have,

“‘the ability to be a full partner’ after the cuts because it would lack the full spectrum of military capabilities”,

and that:

“The defence committee report also criticised a lack of clarity from ministers in how to deal with cyber attacks, warning that ‘emphasis needs to be placed on ensuring that critical systems are resilient to attack and contingency plans for recovery are in place’”.

Can the Minister also confirm this?

The noble Lord, Lord Dannatt, mentioned clearly that when the cuts were announced, it was in a time of economic crisis. He has said that the international landscape is much more challenging now than in 2010 and referred to making a statement that greater military capability must underpin our diplomatic forces. The current Chief of the Defence Staff, General Sir Nick Houghton, warned last year that Britain’s military could become a “hollow force”, with state-of-the-art equipment but no one to operate it. Even the Chief of the General Staff, Sir Peter Wall, has added:

“Ultimately history tells us that in some circumstances committed land forces may be the only way to achieve decisive outcomes in support of our strategic objectives”.

Will the Minister confirm that the cuts have all been about means before ends? We will have the smallest Army in 200 years. In 2010, the SDSR got rid of our Harriers, our carriers and our Nimrods. We have been fighting in Afghanistan and we have had one black swan after another: the Arab spring, Libya, Syria, Ukraine, Crimea. What next? Can the Minister confirm that the morale of our Armed Forces is in a very sorry state and needs to be addressed? What about the esprit de corps? Could he confirm the state of esprit de corps, which is the essence of our Armed Forces? We are at the top table of the world. We have tremendous soft power, but we need the hard power and we need the critical mass. To conclude, as General Sir Richard Shirreff said:

“We all support the efforts to get the deficit down, but it is all about priorities. What really matters? Well, the first duty of government is to protect the nation … And the electorate need to understand there is no point in having hospitals and schools and welfare unless the country is safe”.