Overseas Operations (Service Personnel and Veterans) Bill

Lord Boyce Excerpts

Committee stage & Lords Hansard
Tuesday 9th March 2021 Lords Chamber

[Lord Boyce (CB) [V]]

My Lords, it is a pleasure to follow the noble Lord, Lord Browne, on this because I agree with the thrust of his comments. The Bill sets out to make statutory provision about legal proceedings for our Armed Forces when they are or have been engaged in overseas operations, which, of course, is a very laudable aim. However, the Bill’s significant emphasis on the presumption against prosecution as a way of relieving some of the stress of legal proceedings is misplaced. It is the investigation and then the reinvestigation process that so wears people down. A prosecution may even be a form of relief when it comes.

[Viscount Younger of Leckie (Con)]

I am sorry to interrupt the noble and gallant Lord, but we cannot hear him very well. We shall come back to him later in the debate.

--- Later in debate ---

[Lord Parkinson of Whitley Bay (Con)]

The noble Lord should now continue and we will see how well we can hear him.

[Lord Boyce (CB) [V]]

My Lords, this Bill sets out to make better provision on legal proceedings for our Armed Forces when they are, or have been, engaged in overseas operations. This is a very laudable aim, but the Bill’s significant emphasis on presumption against prosecution as a way of relieving some of the stress of legal proceedings is misplaced. It is the investigation and reinvestigation process that so wears people down, and prosecution, when it comes, may even be a form of relief. The noble and learned Lord, Lord Mackay, alluded to this matter of waiting in the last group of amendments.

Anyway, we should bear in mind that, even when the presumption is in place, there is no total lifting of the threat of prosecution after five years. As the Minister has told us, this can still happen if the Attorney-General sees fit. Furthermore, there could be the spectre of an even longer investigative process if the case falls into the hands of the ICC. I know that the matter of the ICC has been well covered this afternoon, and that the Minister has sought to reassure us on this point, but I am afraid that I am not convinced. Nor it seems is the ICC, which apparently remains unconvinced by any assurances that the Government may have tried to make in defence of the Bill.

This is by the way, because, as I have mentioned, it is the investigation process that needs primarily to be addressed: to be sharpened up to ensure that it is not a fishing expedition, that there is value in pursuing the matter under consideration, that it is constrained in length, and that reinvestigations are launched only after the most careful judicial oversight. The noble and learned Lord, Lord Falconer, has captured all this rather well, as indeed have other noble Lords. It is for these reasons and others that I support Amendments 5 and 28, to which I have put my name, and, indeed, other amendments in this group. I concur with much of what other noble Lords have eloquently said on the matter of investigations; I will spare your Lordships a repeat of all that has gone before in this group.

--- Later in debate ---

I am concerned that the military should feel in any way disadvantaged, because that would, of course, run contrary to the overriding philosophy that lies behind this Bill. For the moment, I look forward to being reassured by the noble and learned Lord; I welcome his late arrival to the Front Bench to respond to this debate.

[Lord Boyce (CB) [V]]

My Lords, I speak to Amendment 29 and the subject of a six-year time limit being imposed by the Bill on those who have been engaged on overseas operations in their ability to bring any grievance against the MoD. This would have the perverse effect of limiting individual service personnel’s rights by restricting their access to legal remedies for harms caused by their employers, while it would not apply to their counterparts not engaged on overseas arrangements. Surely it must be beyond argument that such a situation should not be allowed, and I thus support Amendment 29.

[The Deputy Chairman of Committees (Lord Lexden) (Con)]

My Lords, the noble Baroness, Lady Chakrabarti, who is next on the list, has withdrawn, so I call the noble and gallant Lord, Lord Stirrup.

British Armed Forces: Global Britain

Lord Boyce Excerpts

Thursday 21st January 2021 Grand Committee

[Lord Boyce (CB) [V]]

My Lords, all Members of this House recognise that the Armed Forces already convey an excellent image for the United Kingdom whenever and wherever they deploy, and that in so doing, they help the Government to meet their aspiration to be a global force for good. To paraphrase the Prime Minister, our Armed Forces are one pillar of the Government’s ambition to safeguard Britain’s interests and values by strengthening our global influence. This entails having a United Kingdom presence that can be seen and felt physically on a worldwide basis, capable of exerting soft or, if necessary, hard power, at any time, and wherever it might be needed on any continent or ocean.

A maritime strategy that involves forward deployment is fundamental to this, and such a strategy is in place today, embodied by the carrier strike group deployment later this year. It will be enhanced by the emphasis given to the importance of a strong Navy by the Prime Minister in his speech on defence in November, a sentiment that I commend to your Lordships.

Overseas Operations (Service Personnel and Veterans) Bill

Lord Boyce Excerpts

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

[Lord Boyce (CB) [V]]

My Lords, I declare my interests as set out in the register. This Bill is to be welcomed in principle as an attempt to mitigate the pernicious effect that “lawfare” can have on the fighting efficiency and morale of our Armed Forces. However, there are aspects of this Bill that could be improved, such as the way that allegations of torture should be handled and the Government’s proposed six-year limit on service people bringing civil claims, which means, in effect, that service personnel will have fewer rights than the general public in seeking damages against their employer, as we heard earlier this afternoon—surely, this must be a breach of the Armed Forces covenant. Some noble Lords have covered these two points already, and I am sure that more will do so before this debate winds up.

I will focus on two other points, which, again, have already been mentioned by earlier speakers. First, I note the length of time a service person often has to endure while lengthy investigations into an alleged offence take place, sometimes having to suffer a second or third investigation, or more, into the same matter, even when the accused has been cleared at the first investigation. It is interminable investigations, which too often have been vexatious or unmeritorious, rather than the threat of prosecution, that so drain the morale. The Bill needs to be tougher in showing how this problem might be addressed. In particular, there has to be a way of terminating investigations when it becomes clear that they are going nowhere: there needs to be a timetable for those investigations to ensure they are as short as possible, do not become fishing expeditions and provide an opportunity for a judge to stop an unmeritorious or vexatious investigation early.

On the implications that surround the Bill, which have been mentioned, about having the stress of someone under investigation alleviated by having a presumption against prosecution after five years, as proposed in the Bill, I say that this absolutely does not remove the Damoclean sword of prosecution, because it is still possible for prosecution to take place after the five years if the Attorney-General so instructs, as the Minister reminded us in her opening speech.

Secondly, as we have heard often this afternoon, by not proceeding to prosecution under the conditions set out in the Bill, we lay ourselves open to investigation by the International Criminal Court. Many experienced and learned commentators would agree with this view. I am afraid that I am not convinced by the placatory words of Ministers and others on this. Once the ICC decides to investigate a person’s conduct, we are looking at an extremely lengthy process, as I have cause to know.

Frankly, given what I have already said, a presumption against prosecution should be withdrawn from the Bill. It would do little, if anything, to relieve the stress on our service personnel who had been accused of an offence and it would take us into the territory of the ICC having an excuse to bring a prosecution.

[The Deputy Speaker (Baroness Morris of Bolton) (Con)]

The noble Baroness, Lady Altmann, has withdrawn, so I now call the noble Baroness, Lady Blower.

HMS “Queen Elizabeth”

Lord Boyce Excerpts

Wednesday 4th November 2020 Lords Chamber

[Baroness Goldie (Con)]

I say to my noble friend that he is correct that the UK has enduring interests in the Indo-Pacific and south-east Asian regions. That is without prejudice to what the “Queen Elizabeth” may or may not do. But he is also correct to identify that we are committed to maintaining regional security, and we are certainly committed to asserting rights to freedom of navigation and overflight, as laid out in the United Nations Convention on the Law of the Sea. We continue to challenge any coastal nation’s excessive maritime claims.

[Lord Boyce (CB) [V]]

My Lords, the deployment of our carrier strike group next year is to be welcomed. If that is to include the Indo-Pacific, would the Minister confirm that the opportunity will be taken to refresh our ties with the five-power defence arrangements? Would she also agree that, if there are not already plans to do so, there would be great merit in establishing links with the Quadrilateral Security Dialogue, known as the Quad, consisting of the United States, Australia, Japan and India, and that, furthermore, we could act as a catalyst in bringing the FPDA and the Quad together, which would both be beneficial to our alliances in the region?

[Broness Goldie (Con)]

The noble and gallant Lord identifies a number of significant issues. The unique attributes of the carrier strike group mean that it can provide a global presence wherever the Government require it. The carrier and its supporting ships and aircraft can be configured to support a range of joint operations. We enjoy good relations with the parties to which he has referred and we see our purpose as a global influencer. We will do what we can that is in the best interest of upholding law and setting a good example.

Defence: Type 45 Destroyers

Lord Boyce Excerpts

Tuesday 21st January 2020 Lords Chamber

[Baroness Goldie]

I thank the noble Lord, who has made a number of points. I rebut the gloomy and pessimistic picture he paints. In fact, the Type 45 destroyers are hugely capable ships, as he knows. They have been deployed successfully on a whole range of operations worldwide. They continue to make an enormous contribution to the defence of the UK and to our international partners, and the Royal Navy continues to meet its operational commitments. As the noble Lord is well aware, the origins of the problems with the Type 45s actually go way back to the early 2000s, when apparently there was a dilemma about which type of engine to choose and a new type was chosen rather than a type with a proven track record. All that is history. The point is that the Government have systematically analysed the problem from 2011 onwards under the Napier project and have provided money for the improvement work. That work will now go ahead, and these destroyers will be returned to full operating capacity.

On the noble Lord’s broader point, I point out that the Royal Navy has attracted significant investment. Not only will our fleet grow for the first time since World War II; its high-end technological capabilities will allow it to make a better contribution and to retain a first-class Navy up to 2040 and beyond. That is something we should be very proud of.

[Lord Boyce (CB)]

My Lords, as the noble Lord, Lord West, implied and as we have heard in this House on numerous occasions, the number of our destroyers and frigates is anorexic. This is exacerbated by the Type 45 problem. We embarked on an eight-ship, Type 26 frigate-building programme in 2017, but the first ship, “Glasgow”, will not be commissioned until 2027. Thereafter, a ship will appear every two years. Does the Minister agree that a 10-year build programme for a frigate—it took only nine years to build our carrier—and of some 24 years for all eight ships is completely unacceptable? This is a black mark against the Government and our shipbuilding industry.

Defence: Expenditure

Lord Boyce Excerpts

Wednesday 17th July 2019 Lords Chamber

[Earl Howe]

I think we can take some reassurance from the fact that the last Budget settlement gave defence a substantial boost, enabling us to say with confidence that we do not have to make any cuts, particularly on the equipment front. However, it is true—as I have said publicly before—that the forecast cost of our equipment plan exceeded the budget over a 10-year period, and if we took no action the plan would not be affordable. We are taking action, however, particularly through effective management to control costs and drive efficiencies, and, as I said, there is additional funding in the Budget. However, the spending review will count for a lot.

[Lord Boyce (CB)]

My Lords, amateurs talk tactics; professionals talk logistics. Notwithstanding the Minister’s reassuring words, the well-documented pressures and the level of risk in the defence budget are real. Can the Minister provide an assurance that the stock levels of the department’s weapon, ammunition and stores inventories will allow ships, planes and soldiers to deploy with the necessary resilience to conduct sustained operations?

[Earl Howe]

I am grateful to the noble and gallant Lord, and can tell him that resilience is one of the priorities of his successor, the current Chief of the Defence Staff. We are acutely aware of the need not to run down munition stocks and a programme is in train to ensure that those matters are addressed.

Aircraft Carrier Task Force

Lord Boyce Excerpts

Wednesday 13th March 2019 Lords Chamber

[Earl Howe]

My Lords, this is not about sabre-rattling. Indeed, it is not about antagonising China in any way. My right honourable friend the Defence Secretary announced that the first operational mission of the “Queen Elizabeth” would include the Mediterranean, the Middle East and the Pacific region, thereby enabling the Royal Navy to maximise the opportunities we have to exercise and interact with our key regional allies and partners, and to make a statement about upholding the international rules-based system, including freedom of navigation.

[Lord Boyce (CB)]

My Lords, does the Minister agree that one must be careful not to get seduced by the destroyers and frigates—much as I would like to see a bigger destroyer and frigate force? The Royal Navy consists of other vessels—for example, the important role of mine counter measures vessels in the Persian Gulf, and what our great RFA ships can do. They will all contribute to that statement that the Secretary of State made at RUSI. One should not focus purely on destroyers and frigates, much though I would like to do so on a day-to-day basis.

[Earl Howe]

The noble and gallant Lord is absolutely right. Of course the number of platforms matters, but I would say to noble Lords, look not only at the number of warships; look also at the breadth of capability that the Royal Navy possesses. There are few navies in the world that can match the Royal Navy for the range and quality of the defensive, offensive and deterrent effects that it can deliver.

Shipbuilding: Warships

Lord Boyce Excerpts

Wednesday 14th November 2018 Lords Chamber

[Earl Howe]

I am grateful to my noble friend. As the House will be aware, the Autumn Budget gave defence a further £1 billion between now and 2020, in addition to the £800 million of in-year support that we received earlier this year from the Treasury. We have not yet allocated precise sums to particular programmes, but there is no doubt that the additional funds represent a substantial boost for defence. It means that we will be able to modernise some key capability areas. Offensive cyber, anti-submarine warfare and protection of the deterrent are some good examples. Importantly, it also means that we do not have to make any cuts to the force structure or changes to our capability plans.

[Lord Boyce (CB)]

The Type 31 order seemed to have something of a derailment earlier this year. Will the Minister confirm that the original in-service stage is being held?

[Earl Howe]

Yes, we want the first ship in 2023, with five ships delivered by the end of 2028 to replace the five Type 23 general purpose frigates.

Trident

Lord Boyce Excerpts

Thursday 25th October 2018 Lords Chamber

[Earl Howe]

My Lords, we think we can achieve the same objective under the current arrangements because, in addition to the £31 billion estimated capital cost of the programme, the Treasury has allocated a potential contingency of £10 billion on top of that. We think that it is prudent and have no reason to believe that we will use it to the fullest extent, but it gives an assurance that, over the 30-year timescale of this programme, sufficient flexibility should be built in.

[Lord Boyce (CB)]

My Lords, the BASIC report suggests in two or three places that the Government’s commitment to the continuous at-sea deterrent may no longer have the same priority that it did. Will the Minister acknowledge the remarkable achievement of nearly 50 years of unbroken continuous at-sea deterrence, which is ongoing, and repeat to the House his unequivocal assurance that CASD will still have the Government’s highest priority?

[Earl Howe]

I am happy to confirm to the noble and gallant Lord that that is the Government’s policy. We reaffirmed the continuous at-sea deterrent posture in the 2015 strategic defence and security review and, as he rightly says, we have had a nuclear armed submarine on patrol for every minute of every day for nearly 50 years, including during the transition between the Resolution and Vanguard classes.

Offshore Patrol Vessels

Lord Boyce Excerpts

Monday 22nd October 2018 Lords Chamber

[Earl Howe]

I am sure that the noble Lord will acknowledge the extent of the investment devoted to the Royal Navy over the past few years. His point is a good one. The watchword in this context is “flexibility”. The programme to replace the Royal Navy’s offshore patrol vessels is continuing; the Batch 1 vessels will be replaced by the Batch 2 ships as they enter service. It is important that we keep open the possibility of extending the service of and/or keeping in reserve HMS “Clyde” or HMS “Mersey”, for example, to meet any requirements emerging from not only Brexit but other contingencies. That is what we intend to do.

[Lord Boyce (CB)]

If the patrol vessels are to work in the EEZ, which would be highly desirable, there are of course multifarious parties and agencies that also work there—the Navy, the Border Force, customs, Defra, HMRC and so forth. Which government department has the overall lead on such matters as command and control, training and funding for the activities that will be done in the EEZ?

[Earl Howe]

My Lords, there are two key requirements to ensure the security of our waters. One is that operations need to be intelligence-led, and the other is that they should be well co-ordinated—the noble and gallant Lord makes an excellent point. In the protection of our borders, the capability to detect and deter vessels and aircraft approaching the UK is just one part of a multilayered approach that the Government take in protecting our country. The Ministry of Defence is just one organisation with a role in this. It is important though to recognise the importance of co-ordination. That is why the permanent Joint Maritime Operations Coordination Centre exists—to deliver a national and international focal point for home waters maritime security and planning. The key is for all agencies to work together in a concerted fashion.