Armed Forces (Covenant) Regulations 2022

Lord Coaker Excerpts

Tuesday 18th October 2022 Grand Committee

My last point is to ask the Minister whether she will give some detail on the reference to “focus groups” at paragraph 10.6 of the Explanatory Memorandum. Who organises them? How many were there in each of the focus groups and was there any feedback that may be of help to the Committee?

[Lord Coaker (Lab)]

My Lords, I shall start with my noble friend Lord Jones’s remarks. He mentioned the reserves and the covenant affecting military families. My son-in-law is an active member of 4 Mercian reserve. He was recently in eastern Europe and will be away again in a couple of weeks’ time. Given that my noble friend Lord Jones mentioned the reserves, I felt I should mention that for obvious reasons.

I thank my noble friend for his remarks. The point he made about Armed Forces Day is well made and speaks for itself. I agree with everything that the noble Baroness, Lady Smith, and the noble and gallant Lord, Lord Craig, said, the contributions that they have made to where we are now with the covenant, and the challenging questions they have put to the Government to try to improve it.

We too welcome the regulations relating to the Armed Forces Covenant as far as they go, but before asking some questions I shall remind the Committee, as the noble Baroness, Lady Smith, and the noble and gallant Lord, Lord Craig, did, that there was much debate about the covenant as the Armed Forces Act 2021 passed through your Lordships’ House. Many of us called for the expansion of the covenant to all areas of public policy and for it to apply to the national Government and the devolved Administrations. Alongside that we said that having “due regard” to the covenant should include other areas of public policy as well as education, healthcare and housing, which were outlined.

The Government resisted those calls, and we therefore felt the covenant was a missed opportunity by being too narrow, particularly the failure to place a duty on the national Government in the way that they placed a duty on others. They also failed to define what “have due regard” meant, how members of the Armed Forces community can seek redress if they feel let down and how the covenant is to be enforced. The Minister knows that we welcome the regulations and the new duties they place on specified bodies and persons to have due regard to the principles of the covenant when exercising certain statutory functions in the areas of healthcare, housing and education, but it could have gone further. Having said that, these are important regulations and will make a difference.

I have some specific questions. As some of the responders to the guidance consultation asked, why does the guidance not include prescriptive actions that bodies in scope should follow to demonstrate that they are meeting the duty of having due regard? The guidance notes the value of good recording as a means of demonstrating having due regard to the covenant. However, as the Government themselves note in the guidance that they have published, it is voluntary. Why was there never a statutory requirement to record actions that show and demonstrate that a public body is having due regard to the covenant?

How, therefore, more generally—the noble Baroness, Lady Smith, in particular, alluded to this—is the covenant to be enforced? What redress is there for an individual, family or organisation if they believe that the covenant is not being properly followed or implemented? As the noble and gallant Lord, Lord Craig, asked—and I will come also to something else mentioned by the noble and gallant Lord—what action will the Government take to publicise their new regulations to ensure that awareness is as wide as it should be?

I completely endorse the position taken by the noble and gallant Lord, along with the noble Baroness, Lady Smith, that paragraph 14.1 in the regulations is crucial. In response to the amendments made and the ping-pong that took place on the Armed Forces Act, the Government have said—to be fair to the Minister, she will have argued this within the MoD—that they will come forward in 2023 with a report on how the covenant has operated. I say to the Minister that the noble Baroness, Lady Smith, the noble and gallant Lord, Lord Craig, and I will be looking quite carefully at how paragraph 14.1 is implemented and how the Government meet their commitments. As the noble and gallant Lord, Lord Craig, said, it is a particularly important point.

I come to something that the Minister has explained to me before, but it is important that this is put on the record. Tucked away in regulations will often be things understood by MoD officials and so on. The regulations that we have before us cover England, Wales, Scotland, Northern Ireland, the Isle of Man and the British Overseas Territories, except Gibraltar. Will the Minister explain why Gibraltar is excluded from these covenant regulations? Clearly, Gibraltar is extremely important to us as a base for our Armed Forces. It seems a little strange. I am sure there will be a good reason for it —some treaty or other that makes its inclusion unnecessary —but it is important to have it in the record to help those who read our deliberations to understand why that “except Gibraltar” is there.

These questions highlight once again the importance of paragraph 14.1, which basically says that the Government will assess how well the covenant operates with respect to due regard and whether there are other areas of public policy that could usefully be added to the scope of the Act as it is now. We all look to see what happens under paragraph 14.1. These regulations are an important step forward. We welcome them; we just wish they could have gone a bit further. The implementation will be everything.

[Baroness Goldie (Con)]

My Lords, I thank noble Lords for what admittedly has been a fairly short debate but not in any way lacking in quality and penetrating questions, which is entirely what I would expect from the contributors. I shall deal first with the comments of the noble and gallant Lord, Lord Craig. I thank him for his very useful historical context of the evolution of the covenant. It is worth remembering the journey that the covenant has travelled. I accept that progress may at times have been somewhat plodding, but I feel that, in recent years, we have got to a good place. These regulations are the manifestation of the important progress that has been made.

I pay tribute to the noble and gallant Lord, Lord Craig, for his perseverance in drawing attention to the role of central government and whether it should be brought within the ambit of the covenant statutory duty. I remember that we had informed and interesting exchanges at the time the Armed Forces Bill went through this House. We certainly felt that this was not an issue that should be summarily dismissed as being without merit. Our concern was that we were already biting off quite a lot in terms of what we were introducing in that Bill and in what was to be further covered by delegated legislation, and we did not want to bite off more than we could chew. The provisions now to allow for a review are meant to reassure, and I shall say a little more about them.

The review will consider the roles of the UK Government and the devolved Administrations in conducting the functions already in scope of the duty. It will also consider the extent to which they currently consider the covenant principles, as well as the benefits and costs of bringing them into scope. As the noble and gallant Lord is aware, the reason why I resisted his persuasive blandishments to include the scope of central government in the Armed Forces Act was because we did not think that it was quite within the scope of the original Bill. The Government are responsible for setting the overall strategic direction and national policy but they do not directly deliver the relevant healthcare, education and housing services to citizens.

Let me give your Lordships a little more information on the review itself. Members of Parliament will have the opportunity to assess and comment on the review in the debate on the 2022 covenant report. The Government have been working with stakeholders to establish an open and transparent evaluation process by which to investigate the evidence about whether new policy areas should be added to the scope of the duty; that point was specifically raised by the noble Lord, Lord Coaker, who was naturally interested in what criteria might be deployed to assess this. Potential additional functions will be assessed against clear and robust criteria that have been established and agreed with covenant stakeholders in order to provide advice to the Secretary of State, with whom the final decision rests.

To clarify, a blanket inclusion of all UK Government and devolved Administration bodies would not be appropriate to include within the list of specified bodies to which the duty applies because the “due regard” duty applies to specified functions that are precisely defined in law. Due to the broad-ranging work of the UK Government and the devolved Administrations, it would be impractical to seek to define precisely such functions for these bodies.

One of the questions asked by, I think, the noble and gallant Lord, Lord Craig, during our debates on the then Armed Forces Bill concerned why the duty was not extended to central government because it has a duty of care to the Armed Forces. However, the purpose of the covenant duty is to raise awareness among providers of public services of how service life can disadvantage the Armed Forces community in accessing key public services. That is why we have focused on these three areas of health, education and housing. As the noble and gallant Lord is aware, central government is directly responsible for the Armed Forces and the MoD has always looked after the welfare of service personnel. As he knows, there are various ways in which the Government can be held to account, from the requirement for Ministers to appear at the Dispatch Box and explain what has been happening to the facility for Members to put down Questions and seek debates. There is a variety of methods available for parliamentarians to call the MoD to account for what it has been doing.

Accompanied by the noble Baroness, Lady Smith, and the noble Lord, Lord Coaker, the noble and gallant Lord raised the issue of central government. I tried to cover the points that were made in my comments addressed to him. One other point that he mentioned concerned why the guidance refers to those who are ordinarily resident in the UK. The “ordinarily resident in the UK” restriction applies only to veterans. This restriction on veterans is in the Act, which is why it is in the guidance. The guidance clearly says that serving personnel are in scope

“wherever they are located—in the UK or abroad.”

Veterans who live overseas and are having issues accessing public services due to their service career will find that those issues are best raised with the relevant authority or embassy in the area in which they live because such services fall outside the responsibility of the UK Government.

Armed Forces (Service Court Rules) (Amendment) (No. 2) Rules 2022

Lord Coaker Excerpts

Tuesday 18th October 2022 Grand Committee

[Lord Jones (Lab)]

My Lords, I presume that prior to the very welcome rules female board members were never present. Was that the case? I am looking at Rule 3A(1). How often do these boards sit? One presumes it is as events dictate, but how many are there in the average year? What number are we dealing with? This issue is central to the rules and some numbers might help. Finally, can the Minister furnish an example of gender representation—a woman/she/they—on a given present board? Is an example available?

[Lord Coaker (Lab)]

My Lords, I do not wish simply to make things up. I have very little to say on this. However, the amendments to the rules that the Government have brought forward are important. I agree with the noble and gallant Lord, Lord Craig, the noble Baroness, Lady Smith, and my noble friend Lord Jones.

From the various reports we have seen, there seems to be a real problem of confidence in some of the service justice system. To be fair to the Government, it is good to see them coming forward to adopt the recommendations of the review that they set up to look at this. These days, being commended is probably something the Government would welcome, but this is an important step forward in this case.

I sometimes wonder about overriding objectives. The noble Baroness, Lady Smith, is right: this is not a sarcastic remark, but it is quite astounding that we have to say that a court must deal with people fairly—“justly”, according to the law—and that that needs to be written down in law. Having said that, I understand that it is something put down by Judge Lyons—fair enough.

I want to tease the Minister a bit politically here. I do not know whether she has passed this by all sections of the Government but I am absolutely delighted to see them recognising the rights of defendants, particularly under Article 6 of the European Convention on Human Rights. It is absolutely wonderful that the Ministry of Defence is defending the convention and using it as a way of ensuring that courts operate—

[The Deputy Chairman of Committees (Lord Beith) (LD)]

There is a Division in the House. The Committee will adjourn for 10 minutes.

--- Later in debate ---

[Lord Coaker (Lab)]

My Lords, I was in the process of welcoming the Armed Forces (Service Court Rules) (Amendment) (No. 2) Rules 2022, in particular their adoption of the recommendations of His Honour Shaun Lyons—we are pleased about that.

I was also congratulating the Minister on the MoD’s including the European Convention on Human Rights. I was excited to see it mentioned on page 2, but my excitement reached a crescendo when I saw it also mentioned on page 3. Then I turned over, and with just a scant look through I saw it mentioned again on page 5. That is before we get to the Explanatory Memorandum, which talks about the importance of the European Convention on Human Rights. Leo Docherty has said that the instrument is consistent with it.

It is important that the Minister outlines for the Committee how important she and the Ministry of Defence think retaining Article 6 of the European Convention on Human Rights is to the maintenance of the instrument before us. The Committee needs an explanation of that. She will be aware that many members of her own Government seem to think that the European Convention on Human Rights is not important, but I am pleased to see that the Minister and the Ministry of Defence have laid this instrument before us, which makes it clear through repetition that the European Convention on Human Rights is absolutely fundamental to this SI. Will the Minister ensure that all parts of the Government are aware of the importance the MoD attaches to the convention? Looking around the room, I am sure that a number of Committee Members are certainly well able to defend the Minister and help her in that respect, should she need it.

I think we would all welcome the addition of lay members to the court martial panel, and the gender balance. Can the Minister explain what a lay member is? I was speaking to the noble Baroness, Lady Smith, about this. Our understanding is that a lay member is not a member of the public, so who is a lay member who becomes a member of the court martial board?

Given that the whole purpose of the change in new rule 34A is to try to ensure that initially, there are more effective procedures with respect to sexual offending, I think we are all pleased to see that the Government have now extended that to all offending. Can the Minister say how that will be monitored, and what we mean by lay members?

With those few comments, we welcome the instrument before us. It will be an improvement, and will hopefully lead to greater confidence in the service justice system.

--- Later in debate ---

[Baroness Goldie (Con)]

That is what I am saying. Indeed, I add to that by observing that it would be profoundly undesirable if the Secretary of State, as a government Minister, were getting involved in the discharge of justice under what should be an independent criminal justice system, albeit within the services justice environment. It would be most undesirable for the Secretary of State to get involved. The Judge Advocate-General alone will decide what should or should not be done to take account of the need to maintain operational effectiveness.

I think I have dealt with the commentary of the noble Baroness, Lady Smith, about why this is phrased as it is. It is not some cosy set of aspirations; it really is intended to deliver what has been working well in the civilian criminal justice system and to try to ensure that our services criminal justice system benefits from that. I thank her for her observation about the absence of her colleague, the noble Lord, Lord Thomas of Gresford, who is, of course, always a welcome presence in these debates where legal issues arise. I am sure that he would have had some pithy observations to make on the technical content of the Sis, but I am grateful to the noble Baroness, Lady Smith, for confining her remarks to general observations.

The noble Lord, Lord Jones, asked some specific questions, including how often the board sits. Court martial boards sit in assizes of two weeks with 24 periods in any year; that is, 48 weeks a year. The noble Lord also asked whether the measure of extending female representation on the court martial board should be extended to the judge advocates. There is a mix of men and women judge advocates now; we have both men and women. The role is being introduced to align better with juries where women are represented in civilian courts, but there has been under-representation in the analogous role within the services justice system.

I thank the noble Lord, Lord Coaker, for his kind remarks about the SIs and where we have got to in delivering improvements for Armed Forces personnel. I particularly noted his phrase, “commend the Government”. It is certainly not something I have been hearing very regularly in recent times, and I thank him for that. On his reference to Article 6 of the ECHR, the MoD has consistently shown a desire to comply with human rights legislation and conventions, and the convention is an important part of the framework within which we operate; hence the various references to Article 6 throughout the SIs.

The noble Lord, Lord Coaker, also asked about the composition of a court martial board in general; I think that his question related to lay personnel. This measure will have an impact only on women in the Armed Forces at ranks of OR7 and above. To help your Lordships, I asked for clarification on this. In the Royal Navy, the rank of OR7 is chief petty officer; for the Royal Marines, it is colour sergeant; for the Army, it is staff colour sergeant; and, for the Royal Air Force, it is flight sergeant/chief technician. Service persons below that rank are not eligible to sit as lay members. Eligibility is currently set at OR8 personnel but from January next year it will be OR7. We are broadening the scope in the hope that this will facilitate the presence of more women. Also, as I said, there will be a 12-month exemption for women who have already sat. That is important, because it is a sizeable chunk out of otherwise operational time. If any woman has sat on a court martial board for more than five working days, this provision will prevent them repeatedly sitting on boards.

[Lord Coaker (Lab)]

This is a really important point, which, as I said, the noble Baroness, Lady Smith, and I were discussing. If somebody outside this Committee read our proceedings and saw the word “lay” they would assume that these people are members of the public, even though the instrument deals with non-service personnel and the military courts. The Minister putting this on the record is quite helpful for those who read our proceedings to understand exactly what we are talking about.

[Baroness Goldie (Con)]

I thank the noble Lord. We are sometimes guilty of using vocabulary in the environment with which we are all familiar. These are lay members who are not legally qualified; they sit as a presence roughly comparable to a jury. The noble Lord is right that they are “lay” not in the sense of any members of the public coming in but in the sense that they are in the Armed Forces and not legally qualified.

I have tried to address the points that were raised; I hope that I have managed to do so. I thank your Lordships for your contributions. This instrument takes us another step forward in making our service justice system stronger, better and fairer.

Armed Forces: LGBT Veterans

Lord Coaker Excerpts

Monday 17th October 2022 Lords Chamber

[Baroness Goldie (Con)]

In fact, we do not have the numbers. That is one of the difficulties. As the noble Lord is probably aware, in the early 2000s, the MoD settled a number of claims from former members of the Armed Forces who had been dismissed for being LGBT. The compensation awarded to claimants consisted of damages for loss of earnings, loss of pension and injury to feelings.

We must not pre-empt what the noble and learned Lord, Lord Etherton, is undertaking. We should leave him as an independent reviewer to carry out his full scope of inquiry, analyse the responses, come to conclusions and decide what recommendations are important for the Government to look at. There is a need for consistency in how we seek to redress these issues.

[Lord Coaker (Lab)]

My Lords, the Minister has told us that the report by the noble and learned Lord, Lord Etherton, is due in May next year. At the moment, it is a stain on our country that thousands of LGBT servicepeople were discharged from service prior to 2000. Can she confirm that, when that report is published next May, the Government will respond to it quickly, take account of whatever the noble and learned Lord, Lord Etherton, comes up with, and that we right this wrong?

Ukraine

Lord Coaker Excerpts

Wednesday 12th October 2022 Lords Chamber

[Lord Coaker (Lab)]

My Lords, I stress once again our full support for the Government’s actions to support Ukraine against Russia’s illegal invasion. Yesterday, the Secretary-General of NATO made it clear that the recent missile attacks on many Ukrainian cities, including Kyiv, killing and injuring many innocent civilians, including children in their playgrounds, represent a significant escalation of the conflict. Can the Minister update the Chamber on the further provision of more anti-missile and anti-air capability, as requested by the Ukrainians? Can she also say how quickly that can be provided to enable the Ukrainians to deal with more attacks of this nature?

[The Minister of State, Ministry of Defence (Baroness Goldie) (Con)]

I thank the noble Lord for the tenor of his remarks, which is greatly appreciated. I think we all agree that what we witnessed from Russia in Ukraine was absolutely barbaric; it was brutalism, it was unforgivable, it was completely unacceptable, and indeed it constitutes a condition of war crimes. As the noble Lord will be aware, the UK has been very supportive and selective in the equipment that it has been offering. For example, we have found that artillery has played a huge part in this conflict, and we have supplied that. As he identified, air defence systems are extremely important. Monday’s attack shows that we were absolutely right to make bolstering Ukraine’s air defences a priority for UK military support. We are liaising on a daily basis with the Ukrainian Government, and we continue to respond to the requests to supply more defence and military equipment. I will be crystal clear to your Lordships: the MoD is utterly resolved to continue that support.

Defence: Type 45 Destroyers

Lord Coaker Excerpts

Monday 10th October 2022 Lords Chamber

[Baroness Goldie (Con)]

The response given at the time was a reflection of both industry and the department doing their best to advance the correction of the propulsion defects. As I have indicated to the Chamber, progress has certainly been made with “Dauntless” and is being made with “Daring” and “Dragon”. We are looking at the options as best we can to accelerate the programme and complete this as early as possible before 2028. However, as I said earlier, that must be balanced against the Royal Navy’s current and future operational commitments.

[Lord Coaker (Lab)]

My Lords, following on from the question asked by my noble friend Lord Browne, that means that until 2028 we will not have a full complement of our Type 45 destroyers. Just a month or so ago, all six were in dry dock. Building on the question asked by my noble friend Lord West, does this not highlight once again that the Royal Navy is now too small? Waiting until 2028 for all six Type 45 destroyers to be fully available to the British Navy concerns us, particularly at a time of international crisis.

[Baroness Goldie (Con)]

Of course, implicit in my answer is that before 2028 we hope to have the ships returning to full working order. As the noble Lord is aware, “Defender” is currently conducting operations and defence engagement in the Mediterranean. We very much hope that the drumbeat of progress on restoring the propulsion system will continue. As the noble and gallant Lord said, these are very important ships. They are hugely capable and much admired across the world, and this improvement of the propulsion system is making them more resilient, adding to their admirable capability.

Royal Navy: F35B

Lord Coaker Excerpts

Thursday 8th September 2022 Lords Chamber

[Baroness Goldie (Con)]

As my noble friend will be aware, the integrated review absolutely and sharply identified the principal threat as far as the UK is concerned as being Russia. That has now manifested itself in an ugly and defined shape. He will be aware that the spending review accorded to the Ministry of Defence a record-busting extra £24 billion over the course of this Parliament. That is indicative of the Government’s commitment to defence. Obviously, with the new Prime Minister and, I have to say, a very determined Secretary of State for Defence, I am sure that the future significance—as my noble friend has indicated—of our defence capability will be constantly highlighted.

[Lord Coaker (Lab)]

My Lords, the Minister can see from the number of questions that people are really concerned to hear from the Government a firm commitment that we will have a sufficient number of aircraft for our aircraft carriers. That is why she has been pressed, and some of the reassurance she has given to the House today is good. On the use of the aircraft carriers, can she say a bit more about the trials that are going on, about UAVs being used off the carriers and where that has got to? What are the Government’s objectives and plans with respect to that? Will it impact on the numbers of F35Bs that are to be ordered? Also, more worryingly, what will it mean for the way the aircraft carriers are configured and will any changes be needed to accommodate that?

[Baroness Goldie (Con)]

As the noble Lord will be aware, the F35 is a state-of-the-art aircraft and we are very pleased to have them. We are very pleased to be adding to our fleet and we look forward to these additions. They are already armed with very sophisticated weaponry, but the Royal Air Force intends to continue upgrading them with the wider programme and to equip them with UK weapons, which will include the UK-developed SPEAR Cap 3 and Meteor. To augment their strike capability and to complement and, perhaps, potentially replace some of the roles delivered by its crewed helicopters, the Royal Navy is exploring options for a range of uncrewed air systems.

Ukraine

Lord Coaker Excerpts

Wednesday 7th September 2022 Lords Chamber

Asked by

[Lord Coaker]

To ask Her Majesty’s Government what assessment they have made of the current military situation in Ukraine.

[The Minister of State, Ministry of Defence (Baroness Goldie) (Con)]

My Lords, the United Kingdom remains very concerned by Russia’s illegal and unprovoked invasion of Ukraine and is tracking it very closely. We are liaising closely with Ukraine to understand its evolving priorities as we continue to support it in its fight. To date, we have committed £2.3 billion of military support, including lethal and non-lethal materiel, and to delivering training to thousands of armed forces of Ukraine personnel.

[Lord Coaker (Lab)]

I start by saying that it is good to see the current Defence Secretary still in place. I also welcome the Prime Minister’s early call to the Ukrainian President. I ask specifically, following the helpful update that the Minister has just given us, about the forthcoming conference in Germany on Thursday. The Defence Secretary, in his Statement, told the other place that at that conference he hoped that money for the new international fund for Ukraine, currently at €420 million, would be added to. He also hoped that a number of measures, including ammunition supply, would be agreed to, to support a longer-term strategy for our support for Ukraine. What specifically are our objectives now for this conference and for the longer term? In particular, can the Minister reassure us around the crucial maintenance of European and NATO unity with respect to their policy and Ukraine?

[Baroness Goldie (Con)]

I thank the noble Lord for his kind remarks about the Secretary of State. I think the value of that continuity at this critical time is obvious to all, and I will relay those good wishes to him. As the noble Lord indicated, the meeting tomorrow at Ramstein is important. The Secretary of State will meet counterparts from literally dozens of like-minded partner nations to discuss our ongoing support for Ukraine. We are approaching autumn, which will be followed by winter; we anticipate that demands may slightly change in character and want to make sure that we are suitably positioned in the United Kingdom and with our partner nations to respond to them. I reassure the noble Lord that the aim of the conference is to cohere and co-ordinate the international effort to support Ukraine, and to send a clear message that the international community is united politically and practically and continues to devote itself with resolution, resolve and tenacity to this task of supporting Ukraine. We are also ensuring, with our partner nations, that we work with industry to sustain and maintain support to Ukraine.

Ukraine Update

Lord Coaker Excerpts

Monday 5th September 2022 Lords Chamber

[Lord Coaker (Lab)]

My Lords, I welcome the Statement from the Government today on the situation in Ukraine. It gives us the opportunity to restate, as my right honourable friend the shadow Defence Secretary did earlier in the other place, our united and continued support for the government effort to help Ukraine stand up to Russian aggression. It is a fundamental principle that we are standing for together with Ukraine—namely, that aggressors cannot be allowed to redraw international boundaries or borders by force.

On behalf of Her Majesty’s Opposition, I reiterate that we stand ready to work—again, as my right honourable friend the shadow Defence Secretary said in the other place—with the new Prime Minister and the Defence Secretary. We hope he keeps his post, and that the noble Baroness the Minister does so too. We will do all we can together to support Ukraine, because its fight is our fight.

The Statement today says that a network of training camps has been established across the UK with the aim of training 10,000 Ukrainians, which we support. Can the Minister say what the timeframe for this training is? Do the Government plan to increase the numbers we can and will train? Will the training be extended beyond the basic soldiering skills which are currently covered?

We welcome the continued military aid being given to Ukraine in terms of equipment, in particular the extra-long-range missiles and unmanned air systems. Are we able to meet the demand for these weapons with our NATO allies? Are we also able to replenish the domestic stockpiles that we have, and has the replacement of the NLAWs now started? Further, is the provision of this equipment designed to help the Ukrainians hold current ground or take back territory from the Russians? In other words, what strategy underpins our provision of this military equipment?

Western and NATO unity is essential in the face of Russian aggression. Critical to the maintenance of this unity is the ability of Governments to communicate the threat to their populations effectively given the difficulties their country faces. How do the Government intend to do this? Does the Minister agree that we are entering a critical new stage, with the conflict potentially at a new point? With Ukraine hitting ammunition dumps, airfields in Russian territory and command posts, Putin appears to be under increasing military pressure, and there are reports that he may well step up efforts to persuade the West to lean on Ukraine to agree to a ceasefire and to negotiations. What will we do to counter such activities, and can the Minister give us an update on NATO, European and western unity in the face of this?

What are the Government doing to explain that the energy crisis and supply chain disruption that we have seen are not a result of Russia’s war but an essential part of it? What will we do to help people through this cost of living crisis, and is the MoD talking to the Home Secretary about the continuation of the Homes for Ukraine scheme? How successful have we been with Turkey in ensuring that the additional 100 ships that the Minister mentioned which are waiting to leave Ukraine and ports in the Baltic Sea can leave? Can the Minister give us any update on when that might occur?

The Defence Secretary now appears to be using arguments that we have been making, saying at the end of the Tory leadership campaign that there are plans to update the integrated defence review, reconsider the shape of the Armed Forces and increase defence spending as a result of events in Europe. In the light of that and the lessons of the Ukraine conflict, when can we expect the stopping of the cuts to Army numbers of 10,000? That would be a great start to any independent review. Can the Minister give us any insight into when the update of the integrated review may take place?

Finally, notwithstanding the points and questions that I and others have made, we all want Ukraine with our support to succeed. It is testament to its determination, heroic bravery and determination that, with the help of the UK and our allies, it has withstood Russian aggression for over six months. Russia needs to know that we too are in this for the long haul if necessary, and together we will not waver from standing beside Ukraine in defence of the principles of freedom and democracy.

[Lord Newby (LD)]

My Lords, I too thank the noble Baroness for repeating the Statement.

Since we rose for the Summer Recess, the Ukrainian army has had some very significant successes and appears to be making extremely good use of the resources which we and our allies are providing it with.

We on these Benches, like the Opposition, remain supportive of the stance which the Government have taken in supporting the Ukrainian Government, and we welcome the initiatives that the Secretary of State has outlined in the Statement. I have just a few questions.

First, on Zaporizhzhia, the UN is quoted in the Statement as being concerned about the dangerous situation which still obtains there. In the light of that—presumably the UK Government agree with that assessment—what scenario planning has been undertaken to look at the potential fallout, literally, of a major nuclear release at Zaporizhzhia, which is by no means impossible?

On the gifting of military equipment, there will come a point—in some areas, we have probably reached it—when we have gifted all the equipment we have or cannot gift any more without our own capabilities being too far eroded. Can the Minister confirm that new orders are being placed to replace donated stock and/or produce new equipment which we can then simply gift directly from the factory to the Ukrainian army?

Training is one of the most commendable aspects of the work we have done, not least because we have been able to add a considerable amount of capacity at a very modest cost. I echo the questions asked by the noble Lord, Lord Coaker, on the future plans for this scheme in terms of both the number of soldiers involved and its scope. Is any training involving the Ukrainian air force and navy currently being undertaken or planned?

I want to ask about the scope of the international support fund. Is it limited, as I suspect it is, to arms and military supplies or does it extend to the concept of a broader Marshall plan for the reconstruction of Ukraine? We are going to need that at some point; I just wonder whether this initiative will form the nucleus of such a broader scheme.

It was reported in the FT today that the EU is to hold a summit of European states next month to build regional co-operation in the face of Russian aggression, and that the UK has been invited to participate. Can the Minister tell us whether the UK has indeed received such an invitation and, if so, whether it has responded to it? If the answer to the latter part of the question is no, I ask the Minister to urge her colleagues—not least the new Prime Minister—that it is crucial that the UK is represented at any such event so that we can both demonstrate the maximum degree of European unity on the issue and ensure that the UK exercises the maximum influence on the co-ordinated European response.

Finally, I want to ask a couple of questions about refugees. I accept that they may be beyond the Minister’s immediate remit but perhaps she could write to me if she cannot answer them. First, what is the Government’s plan for further support for Ukrainian refugees here once we have passed the six-month point? Secondly, how long do the Government envisage the scheme being open? At what point do they envisage themselves saying that the situation in Ukraine is stable enough for the scheme to end? Thirdly, what plans do the Government have to expand the support that British universities are giving to students from Ukraine, particularly in technical subjects such as medicine where, again, as with the basic military training, a small amount of expenditure could yield significant results for Ukraine’s future prospects?

Afghanistan: British Special Forces

Lord Coaker Excerpts

Thursday 14th July 2022 Lords Chamber

[Lord Coaker (Lab)]

I thank the noble Baroness for her Answer and the tone in which she gave it. I think that will be welcomed by all of us. I welcome the point she made in her remarks about nobody being above the law and join with her in saluting the bravery of our Special Forces.

It is essential that we maintain the confidence that we all have in our Special Forces. I welcome again the statement by the Minister that, unless I have misunderstood—and this is very important—the Government have asked “Panorama” for any new evidence to be given to the Royal Military Police. Can the Minister confirm that any such new evidence, if handed over to the Royal Military Police, will be fully investigated in an independent way, maybe in a similar way to which the Australian inquiry took place? Is it actively pursuing again and again with the BBC for this new evidence to be given to it? When new evidence is given, the Royal Military Police can look at it and then we can move forward in ensuring that these very serious allegations of dropped weapons and suspicious deaths can be looked into and it can be determined by a proper independent inquiry whether anything further needs to be done.

Defence Spending Priorities: NATO Summit

Lord Coaker Excerpts

Wednesday 6th July 2022 Lords Chamber

[Baroness Goldie (Con)]

My noble friend refers to an important issue: how we transport that grain, if possible. Discussions are taking place among the different partner countries as to what solutions there might be. There are no Royal Navy craft in the Black Sea. My noble friend will be aware that the Montreux convention governs maritime activity there, and that has been deployed by Turkey.

[Lord Coaker (Lab)]

My Lords, was not the most welcome outcome of the Madrid summit NATO’s agreement to admit Finland and Sweden? Far from weakening NATO, Putin’s actions have strengthened it. Alongside that, is it not clear that we need to review the cuts to tank numbers, cuts to C130 transport planes and cuts of 10,000 troops? Is the chair of the Defence Select Committee not right when he says that 2.5% of GDP on defence spending by the end of the decade is too little, too late?

[Baroness Goldie (Con)]

As the noble Lord is aware, people will have varying views on the appropriate percentage of GDP to spend on defence. We have laid down a clearly structured plan based on the integrated review and the defence Command Paper, and we regularly make available progress reports—for example, our annual review of the equipment plan—on where we are in the delivery of all that. We constantly assess need and identify and assess threat. We try to make sure that the two are aligned and that we meet the one with the other, and that is a sensible way to proceed.