(1 month ago)
Lords ChamberI thank the noble Baroness for winding up the debate and noble Members from across the House for their contributions. I am really pleased—as I think the Opposition Chief Whip heard me say—that everyone is in favour of the Bill. I would hate to be answering on a Bill that everyone opposed; I would be in serious trouble answering all their questions, challenges and gaps, so I start by saying that I am so pleased that everyone is in favour of the Bill. Somebody outside the Chamber used the term non-controversial, but I will not use that phrase as it was made outside the Chamber.
That said, noble Members from across the House have made some serious points about how a Bill that they support could be further improved. I accept that and the challenge for the Government to take it forward. As I said in my introductory remarks, we all want the Bill to succeed because we support its aims.
Let me deal with some points. We have had the debate about funding, and I appreciate that the noble Earl, Lord Minto, and the noble Baroness, Lady Goldie, will continue to make their various points about that. I will make the same points back, and that debate will continue.
However, a number of noble Lords, including the noble Earl, Lord Minto, raised defence housing. I do not often get irritated—and I am not irritated—but I find it slightly strange that a Government who have committed £9 billion of public money over 10 years to improve housing are being taken to task on it. That is all I will say: the Government’s policy is to improve defence housing with £9 billion over 10 years.
Somebody asked whether it applies to single-person housing. With the defence housing service, we are talking about family accommodation. A separate review is going on for single-person accommodation which will report in due course and then the Government will have to respond. That is a very clear answer on that.
The noble Earl, Lord Minto, and the noble Baroness, Lady Goldie, raised the DIO and its relationship with the defence housing service. I will read out this bit of my brief to make sure I get it completely right: “The responsibilities of the Defence Infrastructure Organisation will continue to be provided as part of the National Armaments Director Group within the MoD alongside the new defence housing service, which will assume responsibility for the provision of family housing and the development of surplus defence land in line with the objective set out in new Section 343E(1) inserted by Clause 3 of the Bill. The new defence housing service will continue to work closely with departmental teams, and this will be covered in the framework document between the department and the defence housing service in the usual way”. That seeks to clarify some of the points that the noble Earl, Lord Minto, made in his introductory remarks, and that the noble Baroness, Lady Goldie, and other Members made about the relationship between the DIO and the housing service.
On the ECHR and its application continuing, I think the noble Earl, Lord Minto, made the point that an amendment would seek to change the Government’s wording from “may” to “must”, but all Governments usually argue, and this Government will argue, that they often require flexibility in how they implement various laws. That is something that we would seek to continue.
I thank noble Lords for their interesting ideas about funding for the future. The noble Baroness, Lady Smith, also raised the issue of defence bonds. The Government are looking at different ways in which we can finance defence in the future and no doubt that discussion and debate will continue.
The noble Lord, Lord Wallace, talked about the national conversation. That may change. This is a “stop the press” announcement: responsibilities among the ministerial team may change and I may already have lost the national conversation—not because I have not started it yet, I hasten to add. The serious point is that that national conversation is a priority within the department; the ministerial responsibility for it may well change, but it will be taken forward. I think that is something that the noble Lord, Lord Wallace, will be particularly pleased about, as will we all.
The noble Lord mentioned cadets, which I will come to later, when I also respond to some of the moving remarks made by the noble Lord, Lord Bailey.
Clearly, the national conversation is extremely important, not least around how we support homeland defence. The noble Lord, Lord Wallace, and other noble Lords also made the point about how we ensure that we get and retain public support for the amount we spend on defence. That is crucial to the way forward.
I thank the noble and gallant Lord, Lord Craig, for his welcome of the extension of the covenant to national bodies and his general support for that. He and the noble Baroness, Lady Penn, raised visas. I cannot answer all the questions, but I will answer some of them. Again, the Government are committed to scrapping visa fees for non-UK veterans who have served our country for four or more years, and their dependants. The MoD has started work with the Home Office to deliver this manifesto commitment, and that commitment on visa fees remains. I know that the noble and gallant Lord, Lord Craig, raised that, as well as the issue with the ECHR, and he heard me address that.
I hope that the intention to proceed with it will be coupled with a date when it will be done.
That is always my intention—rather than to be just aspirational—to try to demand change of the system. The noble and gallant Lord will know from his experience and military service that even a senior rank or senior ministerial rank does not always mean things moving quite as quickly as one would hope. Certainly, this is not an aspiration but a desire to actually bring it about. We will work with other government departments to try to ensure that something happens on that as quickly as possible.
The right reverend Prelate the Bishop of Norwich raised various issues and welcomed the covenant. He heard what I had to say about single-person accommodation and the importance of a whole-society approach. A number of noble Lords mentioned service police and we will come back to some of those issues in Committee.
The noble Baroness, Lady Penn, heard me talk about some of the changes to visas. She mentioned the importance of paternity leave and raised that with me at another meeting outside the Chamber. Of course, we will look at that and see how we can take it forward. I think she mentioned an individual case as well; if she wants to write to me about that, because I do not know the case, I will look into it for her.
The right reverend Prelate the Bishop of Norwich made a really interesting point with respect to not just the Church of England but faith organisations as a whole. The moral dilemma there is between supporting the Armed Forces and appearing to support war versus being a peace-loving faith, which all faiths are. That is a moral dilemma, but sometimes you prevent war by preparing for it. That is the difficulty with respect to that.
The noble Baroness, Lady Lane-Fox, made the point about housing; she will have heard what I had to say about that. She made some other points about the need for transition support, learning and training, which were really important.
The noble Baroness, Lady Brinton, made a number of very important points, which were linked to points made by the noble Lord, Lord Thomas. I thought his was a brilliant legal contribution—I actually understood it, which is not always the case—in the way that he laid out some of the issues with respect to the cases that he referred to, as the noble Baroness, Lady Brinton, also pointed out. I do not want to say too much, because there are ongoing legal issues with respect to that, but there are certainly discussions taking place about how we take it forward.
Here is the legal advice I have had—and this is for the noble Baroness as well as the noble Lord. The Visiting Forces Act 1952 sets out the legal basis for how jurisdiction for criminal offences is decided between the UK civil authorities and a visiting forces service court martial. This is implemented in practice by the police, the Crown Prosecution Service and the UK courts as part of the criminal justice system. Following the deeply distressing recent case, officials are working across government to establish the full facts of how this process was enacted in this case.
If needs be, regarding some of the other things said by the noble Baroness, Lady Brinton, I will make sure that we come back in Committee with answers to the questions she raised, when I have had a full legal response to the things she asked. I thought they were really important, and I will bring them forward and share them—obviously, if I bring them up in Committee, people will see that.
I thank the noble Lord, Lord Lancaster, for the points he raised about the Strategic Reserve, and the point about data and the digitalisation of the system strikes me as one of those important things where it seems we ought to be able, sometimes, to just get on with them.
I take the point made by the noble Lord, Lord Magan, and we will continue the debate around resources. My only point of contention with him is that I really do not think we have “smashed” our special relationship with the United States. There are ups and downs, and sometimes it is difficult, but the UK-US relationship is of immense importance to our country and continues to be so.
I thank the noble Lord, Lord Dannatt, for the points he made. He will know that we are working hard to ensure that we do all we can to work properly with respect to historic wrecks. I will take the point about divers and come back to him in Committee about how the Bill impacts on that.
I thank my noble friend Lady Carberry for her remarks and the importance she gave to the reserves, not underplaying the role of the Active Reserve, and of employers being on side. I completely agree with that, and we will continue to take that forward.
The noble Baroness, Lady Bennett, also made the point about paternity leave, and she will have heard what I said to the noble Baroness, Lady Penn. The noble Baroness and I will continue to have the debate about 16 and 17 year-olds, the young adults—they are not child soldiers. I see it as a really important part of the contribution that the Armed Forces can make to the development of some of our young people, but that is a debate that we will continue to have. I do not know what the maritime war graves committee is looking at, but I will come back to her on that in Committee.
I thank the noble Baroness, Lady Fraser. We may not have delivered exactly what she wants with respect to the covenant but, if she looks at Clause 31, she will see that we have moved on the commissioner having responsibility for RFA personnel. She will know, given the continued remarks that she has made over a number of years around the importance of the RFA, that, although not giving her what she wants with respect to the covenant, the Government have moved on the extension of the role of the commissioner to that, which shows that contributions from all sides of the Chamber can actually make a difference to government policy.
I have said what I have said to the noble Lord, Lord Thomas. The noble Lord, Lord Morse, made the point about housing which, again, is really important.
My noble friend Lady Dacres made a good contribution. The consistency of delivery around the covenant across the country is really important, and she is quite right to make that point. I would say that one of the successes of the introduction of the covenant has been that it has changed attitudes and culture, which often does not require legislation. I think that the Armed Forces covenant has forced local authorities—and will soon do so for national government, although it has probably changed national government behaviour by its very introduction—to change the way in which people operate and the way people interact with our Armed Forces and veterans. I think it has made a difference there, and I say to my noble friend that that is how we see it taking place across the country.
With respect to the noble Lord, Lord Hay, discussions continue on the Troubles Bill and Northern Ireland and the proper place for our veterans and respecting them.
The noble Lord, Lord Bailey, made a hugely moving speech about his own experience and the way in which cadets work. We all support cadets. There are significant sums of money going into cadets, and we wish to expand on that. The noble Lord made an important point about how we attract more volunteers to support that. He will know there are tens of thousands of cadets across the country. This is a point I often make: you see them at events such as Remembrance Sunday but also many others, including Armed Forces Day, which we had recently. The role of cadets in those events, nationwide, was a great tribute to their organisations and a symbol of the sort of society we want in the way in which cadets can bring people together. I thank the noble Lord again for the contribution he made, from his own personal experience, on the way that cadets can help people who may need help and also help those who are simply young people growing up. I think that that is important.
May I congratulate the noble Lord, Lord Stevens, on his work as a graduate of the Armed Forces Parliamentary Scheme?
(1 month ago)
Lords ChamberThere is a lot in the strategic defence review and the Defence Investment Plan about building up a greater sovereign capability in some of the areas that the noble Lord has addressed. But I think it is important in every debate to say that the alliance between the United States and our country and the alliance between the United States and Europe, notwithstanding the fact that the President has called for Europe to do more for itself, is absolutely essential to the defence and security of our country. The noble Lord may disagree, but I am telling him what the Government’s view is. The Government’s view—and, I am sure, the view of the vast majority of your Lordships’ House—regards the alliance between ourselves and the United States as absolutely essential for the security of this nation, so we have to be very careful about that. Of course there are challenges and difficulties, but the document refers to how we build up some of the capabilities to which the noble Lord refers. Of course Europe needs to do more, but it also needs to stand with the United States, not only in Europe but across the globe.
My Lords, I share widely the view that this belated DIP comes nowhere near funding the strategic defence review, but the DIP does make clear the Government’s commitment, together with Japan and Italy, to the next-generation Global Combat Air Programme. This is welcome news, given the inevitable withdrawal of the RAF Typhoon air fleet from front-line service due to airframe fatigue and age in the early 2040s. Following the recent break-up between Germany and France on their similar programme, what political approach are the Government making to Germany to get them interested in GCAP?
The noble and gallant Lord is right to point out the importance of GCAP and how it offers a sixth-generation option for us after 2040, when Typhoon is expected to go out of service. There is money in the defence investment plan for the upgrade of Typhoon to ensure that it has the capability that it needs until 2040. Regarding other partners in GCAP, as I said to the noble Lord, Lord Fox, we are open to discussions with anybody who comes to us with proposals or desires to join that programme, but that will be a matter for international negotiation between ourselves, Italy and Japan, although we are not opposed to looking at having further partners as part of that scheme.
(1 month, 3 weeks ago)
Lords ChamberThe noble Baroness makes a very important point. On what we may or may not do, we work very closely with all our allies, of course, including Denmark, but the noble Baroness makes a broader point about the importance of JEF and its work. In JEF, both in the maritime sphere and on land, we work with others to co-operate. She will know that we have troops in Estonia. I have also mentioned in the House that, only a couple of months ago, I was in Finland as part of a NATO operation. We were talking about the border between Finland and Russia. When you get within 30 or 40 miles of the Russian border and talk to people who live there, as I am sure many noble Lords have done, you understand the very real threat that they face; you understand the prospect, and their fear, that what is happening with respect to Russia in other parts of Europe might happen to them.
My Lords, I join others in commending the crew that carried out this operation. It appears, technically, to have been piracy on the high seas, but the Minister has made very clear to the House that it was legal. I wonder, therefore, whether the Minister could explain in a short way the difference between what appears to be piracy on the high seas and a legal operation.
The legal basis is that the ship was falsely flagged. As such, it loses some of the protections that it would have were it to be properly and legally flagged according to the rules that operate in the maritime environment. Also, the Attorney-General made clear that it was legal under the United Nations Convention on the Law of the Sea. From both points of view—the United Nations law of the sea, under which the Attorney-General was satisfied, and the fact that the ship was falsely flagged—it loses some of the protections that it would otherwise have. That means it is not piracy. The ship does not avail itself of the protections it would have were it properly flagged.
(3 months, 3 weeks ago)
Lords ChamberWe will hear next from the Cross Benches. Can we have short, sharp, succinct questions, please, not speeches?
My Lords, the Minister has made it clear that the treaty, as it was, has not been “binned”. If and when there is agreement with the Americans to proceed, will the Government consider also the Maldive interest that has been expressed? If so, have the Government had any formal approach from the Maldivian Government over the sovereignty of the British Indian Ocean Territory?
This is a treaty between the UK and Mauritius with respect to the future of the BIOT, without the involvement of the Maldivian Government. If that is wrong, I will write to the noble and gallant Lord and put it on the record, but that is my understanding.
(7 months, 2 weeks ago)
Lords ChamberThe Lithuanian intelligence is that the vast majority of the balloons in the drone incursions to which I have referred are for criminal activity and relate mainly to tobacco and cigarettes. Of course, that does not alter that Lithuania believes, with some credibility, that this is part of Belarus weaponising that sort of activity in order to destabilise and disrupt Lithuania and elsewhere.
My Lords, have any Royal Air Force flights been affected by these balloons? More serious even than that, this type of activity could become more widespread. What attempt are the Government making to deal with the possibility of further attacks? For example, have they tasked the Advanced Research + Invention Agency with working on this problem?
(7 months, 3 weeks ago)
Lords ChamberI thank the noble Lord for the question. Clearly, Ministers from all Governments make decisions on the basis of the advice they receive. Let us see what the investigation tells us about that advice. He will know that there are four different aspects to the investigations. There are the defence, Army and ministerial aspects, then alongside that, which I think the noble Lord will appreciate, we are looking to people outside the MoD—some independent consultants—to look at what is happening so that we get independent advice. I think that was something the former Minister in the other place, James Cartlidge MP, asked for. When we get the result of those investigations we will take the decisions that are necessary at that point, but we need to wait for the results.
My Lords, has any foreign interest been expressed in purchasing Ajax at any stage? If it is not going to be purchased, will it be a UK-only piece of equipment?
I am not aware of any foreign interest in it, but I will check my facts and come back to the noble and gallant Lord if I am incorrect.
(8 months, 1 week ago)
Lords ChamberThat is another very important question. The whole House will recognise the significance of what the noble Baronesses have said. The UK Government are constantly talking to the Russian ambassador, constantly making the Russians aware of what we are doing, and we are constantly monitoring those ships that seek to monitor our underwater cables, potentially for purposes in future. We have Royal Navy ships monitoring that and P-8 Poseidons from Lossiemouth —we have a fleet of nine now—looking at that. But I say to the noble Baroness and to all noble Lords—and I am sorry to repeat it, but it is just to make it clear, because the implications of what I am saying are obvious—that to surface a Royal Navy submarine close to the “Yantar”, as was done towards the end of last year, is an unprecedented way of demonstrating to Russia and the “Yantar” how seriously we take what they are doing. I know that that is supported by all Members of your Lordships’ House, but that signifies the importance of the deterrence and the importance and significance of the activity that we are undertaking to try to deter such activity.
My Lords, with the greatest respect to the Minister, is this not much more than a simple defence matter? If the laser used was a weapons system, not just laser torching by a member of the “Yantar” crew, is this not a serious disregard of the 1980 UN protocol and its convention on certain conventional weapons? What steps have the Government taken with the Russians? Has the Russian ambassador been called to a meeting in the FCDO, to be informed of the UK’s disapproval?
Nobody can be in any doubt about the seriousness with which we take the incident that has happened. As the noble and gallant Lord has pointed out, it was not a weapons system, but that does not alter the fact that a handheld laser was pointed into the cockpit of one of our planes. That is of huge significance and importance, and the Russians are in no doubt about how seriously we take that incident. We have made sure that they are aware of that and we will continue to make sure that they are aware of it. Indeed, the noble and gallant Lord’s question—with those from the noble Baronesses from the other Benches —has helped to signify to the Russians, again, quite how seriously we take the incident which occurred.
(10 months, 3 weeks ago)
Lords ChamberI will put that in writing for the noble Lord.
The “always on” pipeline is about trying to ensure that we have a situation where we can always, if we need to, step up our production much more quickly, rather than be in a situation where we have to wait two years before we can do this or that. An “always on” pipeline means, in essence, that we can get the equipment and munitions we need quickly.
My Lords, this is a very welcome strategy; I give it my full support. I will give it even more support when its theory and proposals have been turned into practicalities. The problems and delays that we have experienced in replacing war stocks that have been passed to the Ukrainians are well known and underline the need for proper resupply and resilience. One of the issues is around the recently announced building of six new munitions factories. Is the Minister in a position yet to say where they will be and when they will come on stream? Also, who is going to meet the cost of setting them up?
The state will work with others to support the establishment of those munitions factories. I am not in a position at the moment to say to the noble and gallant Lord where those six places will be; that is still a matter for discussion. As far as I am aware, that has not been resolved yet, but, if I am wrong, I will write to the noble and gallant Lord. As of this evening, I believe that there is no news on exactly where those six places will be; if I am wrong, I will write to him and put a copy of the letter in the Library to correct the record.
On the noble and gallant Lord’s more general point about munitions, he is right—this goes back to a point that a number of noble Lords have made—that we have to be in a situation where we can manufacture the equipment and munitions that we need. We must be in a position where, if we need to fight, we can fight because we have the sovereign industrial capability to do it. We are not in that situation at the moment. We are not in the place where we need to be, particularly given the current situation. The entire industrial strategy is about ensuring that the UK has the military industrial capability and capacity to do the things it needs and to fight the wars it might have to fight. I hope—I know that the noble and gallant Lord supports this—that we reach a situation where, by preparing for war, we deter war.
(1 year ago)
Grand CommitteeMy Lords, the purpose of this order is to continue into force, for another year, the legislation that governs the Armed Forces—the Armed Forces Act 2006. By way of background, Parliament renews the Armed Forces Act every five years through primary legislation. This first happened in 2011, then in 2016 and most recently in 2021. It will next be renewed in 2026. However, in the intervening years, an annual Order in Council, such as the one before us today, must be approved by both Houses. This will keep the Act in force for a further year, but for no later than 14 December 2026, when the present Act is due to expire. A new Armed Forces Act will therefore be required to be in place by December 2026 to renew the 2006 Act for a further five years, and then we will resume the practice of yearly renewals.
Having detailed the legislative framework for the draft order, I wish to turn to some of what lies at the heart of our Armed Forces. After announcing the largest sustained increase in defence spending since the Cold War, we recently unveiled our comprehensive strategic defence review, which declares clearly this Government’s intent to meet the threats we are facing and return the UK’s Armed Forces to a state of war- fighting readiness. This is why we are putting people at the heart of our defence plans. As set out in the strategic defence review, there will need to be a whole-of-society approach—wider participation in national resilience and renewing the nation’s contract with those who serve. In support of that approach, it is therefore essential that we improve the recruitment and retention of our personnel. This is why the Government have made the largest pay increase for serving personnel in more than two decades.
We will expand opportunities for young people to experience more of what the Armed Forces have to offer, delivering a 30% increase in cadets and introducing a voluntary gap year scheme. Further to this, we have brought back 36,000 military homes from the private sector as part of plans to transform Armed Forces accommodation, while we will also deliver a generational renewal of military accommodation with at least £7 billion of funding this Parliament, including over £1.5 billion of new investment for rapid work to fix the poor state of forces family housing. We are intensifying efforts to root out bullying and harassment, which have, as we all know, no place in our Armed Forces.
Against the backdrop of improving support for veterans, as exemplified by the new VALOUR programme, which will see VALOUR regional field officers working closely with local services and local government bodies on the application of the principles of the Armed Forces covenant for the betterment of our veterans. We will be updating kit and equipment across all three services to ensure that our nation and those who serve and will be serving in the future are ready to fight the war of tomorrow. That will mean harnessing artificial intelligence, drones, cyber technologies and other innovations alongside more traditional approaches to land, sea and air warfare to make us stronger and safer, because tomorrow’s conflicts will belong to the smartest and most innovative, as the war in Ukraine has shown and is showing.
The defence review sets out a path for the next decade to transform defence and help make it an engine for growth, boosting prosperity and jobs across the whole of the UK while continuing to lead within NATO, ensuring our security is protected through collective power and capabilities. To achieve this, we need to ensure that we maintain a strong and effective discipline framework for our Armed Forces, which the Armed Forces Act 2006 provides and which this order maintains for a further year. The 2006 Act contains nearly all the required provisions for command, discipline, justice, enlistment, pay and redress of complaints. It provides the legal basis and associated powers for offices such as the Judge Advocate-General and the Director of Service Prosecutions, as well as the various service courts. Further, it establishes the Service Police Complaints Commissioner and the tri-service Defence Serious Crime Unit, and contains the legislation for the Armed Forces covenant. In short, the 2006 Act is a vital piece of legislation that our Armed Forces cannot function without.
Those in service protect the nation, our allies and partners and global stability wherever in the world they serve. It is only right, as I know all Members of the Committee will agree, that in this debate we honour their bravery, courage and unflinching duty through the small token of providing consent today. To that end, all of us here pay tribute to their public service. I beg to move.
My Lords, I support this continuation order. As has been explained, it keeps His Majesty’s Armed Forces legal until after the Armed Forces Bill in 2026 is enacted. The Minister has given a good trailer for the debate that we will have on Friday on the strategic defence review, so I will not respond on that.
I would like to make just one point. When the 2021 Act was being debated, I, Lord Mackay of Clashfern and other noble Lords pressed for the obligation to have “due regard” to the Armed Forces covenant to be extended from local authorities to include central government departments. We quoted, as examples in need of central government consideration, Gulf War syndrome and the right of abode in the UK for Hong Kong Military Service Corps veterans who had served full time in the Armed Forces. A compromise was reached, and the issue was set aside for further examination.
The present Government have made it clear from the outset that they would extend the responsibility for supporting the covenant to central government. This is most welcome—it will, I assume, be legally formalised when the 2026 Bill is being considered—but the importance and reach of the Armed Forces covenant has had a very long incubation. I was one of the first to raise an amendment to the covenant legislation, which I tabled to the 2011 Bill nearly 15 years ago.
(1 year, 1 month ago)
Lords ChamberMy Lords, what steps have the Government taken recently to reconcile the possible risk of failures in developing novel defence capabilities against the need to ensure that government funds are paid out with due care and avoidance of unnecessary risk?
The noble and gallant Lord asks a good question. We have reinvigorated and put more money into the defence innovation fund. With respect to defence, you cannot move forward without innovation, challenge, new technology and new ideas. One of the lessons from Ukraine is that sometimes, for not an awful lot of money, innovators—those who think for themselves—provide the defence equipment and security that we need. Of course, we must be sensible and not throw money away and waste it, but innovation is an important part of any defence industrial strategy, which is why it was mentioned in the defence review and why the Government are putting more money into it.
(1 year, 2 months ago)
Lords ChamberMy Lords, I was in command of the crew of a nuclear-armed Falcon on quick-reaction alert over a number of years, and I realise the cost of maintaining the V-Force on alert over many years as well. Will the Minister return to the first question as to whether the cost of maintaining new nuclear capability, which has been talked about, can be met with less than the 3% guaranteed for the defence budget?
To be absolutely clear for the noble and gallant Lord, whatever the debate about the levels of funding for the defence budget, the nuclear deterrent will be funded both as it stands and for its renewal. That is a cast-iron guarantee from the Government.
(1 year, 3 months ago)
Lords ChamberMy Lords, in moving government Amendment 2, I will speak to government Amendments 7, 9 and 11 and to Amendment 12, tabled by the noble Baroness, Lady Smith of Newnham. They all focus on the importance of the definition of “relevant family members” in the context of the Bill. Before explaining the Government’s amendments, I will address Amendment 12 and explain why the Government have decided not to include it in the Bill but rather to create an affirmative delegated power, so that the definition may be brought forward in secondary legislation.
The definition of “family members” and their access to the commissioner has been at the forefront of the Government’s mind throughout. It has always been our intention to future-proof our inclusion of family members. Including the definition in secondary legislation allows it to be updated quickly, to account for changes in society, without needing to create new primary legislation. Our intent is to encompass all family units and not pre-judge this by having a full definition in the Bill—though I have to say that the definition that the noble Baroness seeks to put in the Bill is very good, as it is our definition. However, as I have made clear, the definition can be changed at some future point.
As noble Lords will be aware, the draft regulations covering the definition of “family members” for the purposes of this Bill have been distributed to all interested Peers for consideration. The Delegated Powers and Regulatory Reform Committee has thoroughly scrutinised this power in its report. These government amendments fully implement the committee’s only recommendation, by changing the regulation-making power in the Bill to define relevant family members from the negative to the affirmative procedure. The proposed amendments would ensure that there is a debate on the Government’s definition of a “relevant family member” in both Houses when the secondary legislation is brought forward, which, based on the discussions so far, I am sure would be welcomed by noble Lords.
I hope that this provides the necessary reassurance to the noble Baroness, Lady Smith, on the importance placed on the definition of “family members” in the Bill and the opportunity that the Government are trying to give to debate this further in due course. On this basis, I ask the noble Baroness not to press her amendment that seeks to place the definition in the Bill.
My Lords, I firmly support the Government in these amendments. There has been a tendency in the Bill to combine in one’s mind the specific complaints that the ombudsman used to deal with and the more general approach which the Bill is encouraging the commissioner to have. I think one wants to keep those two issues clear in one’s mind.
The other point, which I made in Committee, is that the Bill will get added to the Armed Forces Act 2006. Those not familiar with the Act should know that it has close to 400 sections, 17 schedules and goodness knows how many pages—more than 500. Every page of this Bill, when it is enacted, will get added to that. It makes absolute sense that, when we are trying to identify a range of individuals who may have access to the commissioner, it should be in secondary legislation and not on the face of the Armed Forces Act.
My Lords, I shall be very brief. It was very helpful for the noble Baroness to repeat what was said by the Government on this particular issue. My concern most generally is that the chain of command is respected, and if you were to introduce arrangements which reduced the authority of the chain of command, that would be unsatisfactory.
The only other issue on this is if the inquiry that the commissioner was making involved the commanding officer himself or herself. How would that be dealt with? It needs to be quite clear that there are arrangements, and what the noble Baroness read out covers that, but I should just like to be absolutely certain that, if the commanding officer himself or herself is part of the inquiry of the commissioner, then that can be dealt with.
First, I thank the noble Baroness, Lady Goldie, for reading out the letter that I sent. I have placed a copy in the Library, and I will just check that this has happened, to make sure that is available to everyone. I thank the noble and gallant Lord, Lord Craig, for his remarks. The letter covers the points that he has raised as well.
It would be helpful for further clarification just to read a couple of remarks into the record, which will help the deliberations of all of us on Report. I thank the noble Baroness and other noble Lords for the conversations we have had about the no-notice power of the commissioner and the authority of the commanding officer of a site. We will make sure that commanding officers and others are aware of what they are able to do under the letter and under the Bill.
As highlighted in the letter I sent on 15 April, to fulfil their investigatory function, the commissioner will have wide-ranging powers including access to certain defence sites. The commissioner must give the Secretary of State notice of intent to visit those sites, unless—and for sites in the UK only—it is considered that giving notice would defeat the object of exercising the power. This matters, as it will help to ensure that malpractice cannot be covered up, for example—
(1 year, 6 months ago)
Lords ChamberI thank the noble Baroness for her question. I will always check the figures and, indeed, check hers, as she will know. She will also know that the allowance contributes towards the cost of boarding school education, with the MoD paying a fixed rate of up to 92% of fees for children attending state-maintained schools and up to 90% of fees for those attending independent schools. I would say to her that, in essence, this is exactly the same policy as the previous Government had.
My Lords, what impact has this policy had on recruitment and retention? Have the Government made any assessment yet of that?
The noble and gallant Lord will know that there have been considerable concerns around recruitment and retention. The Government have undertaken a review of that. He will also know that we have taken a number of measures alongside that to deal with it, not least of which was to ensure that we implemented in full the pay rise for Armed Forces personnel. We have extended childcare grants to armed services personnel serving overseas, and one of the biggest things we have done as a radical Government is to bring back from Annington Homes over 36,000 military houses, the state of which was a disgrace. This will be a major contribution to improving the morale and the recruitment and retention of Armed Forces personnel.
(1 year, 6 months ago)
Lords ChamberI thank my noble friend for his question. Of course I will encourage Members to read the Government’s response to that report. I say to him, all Members of this House and others that the report was an important wake-up call to us about the importance of air defence in the future. Let us remember where we were. This country assumed that we needed to defend ourselves against the Soviet Union and bombers. We are now in a totally different situation where we face a 360-degree threat. The launch of missiles could come from a variety of launch systems, and we need to protect ourselves against not only missiles but drones, as we have seen with what may or may not have happened with respect to various bases. It is an important wake-up call not only for us but for Europe that air defence will become one of the critical systems that we will need to make available to ourselves and our country. Our population need to understand that homeland defence is also now of crucial importance to us all.
My Lords, I too have warned before of the potential threat to the United Kingdom mainland from the air and of a second Battle of Britain. What new air defence capabilities will be added to the front line in the next 12 months?
That is another important question from the noble and gallant Lord. We are upgrading the radar on the Typhoon fighters as part of the air defence, we are seeing the F35B capabilities and we are looking at what further investment is needed in air defence. Looking at ground defence in terms of air defence, I mentioned the T45 upgrade to Sea Viper, which deals with ballistic missiles, but there is also the Sky Sabre capability; we currently have seven and are in the business of purchasing more of those.
(1 year, 7 months ago)
Lords ChamberI thank my noble friend Lord Harris for his question. It is not just me who is considering that; the whole of government is considering the need for homeland resilience. Indeed, my noble friend has asked me about this issue on a number of occasions. Part of the remit of the defence review is to look at what we should do about homeland resilience; that is an important step forward. What do we do to prepare the population for the threats we may face in future? What about hybrid warfare? What about, as we have seen in Ukraine, attacks on critical national infrastructure? What about some of the other data breaches we have seen? These are wholly important issues to which we have perhaps not given the priority needed. My noble friend is absolutely right, and the defence review is looking at this. Homeland resilience will have to be a proper part of how we take our defence and security further in future.
My Lords, do the Government accept that there is a practical limit to the amount of additional funds that can be spent in one particular financial year? Do they agree that 3% is an amount which could be spent, and should be, in view of the situation in which we now find ourselves?
The noble and gallant Lord, Lord Craig, makes the point about the additional money that he and other noble Lords believe is required. The Government’s commitment is to set a pathway to 2.5%. I remind the noble and gallant Lord that, on top of the money we have already provided for next year, we have an additional £3 billion in the Budget next year. We are setting a pathway to 2.5%. That is why the Government recognise the need to spend more on defence and security, and that is what we will do.
(1 year, 8 months ago)
Lords ChamberI thank the noble Lord, Lord Lancaster, for the work he does as director of the Army Reserve. On national resilience, the threats and warfare of the future have been shown from Ukraine and elsewhere. It is not just tanks, it is not just aircraft—it is about national resilience to withstand hybrid attack, such as attacks on information and our critical national infrastructure. The ability to defend against physical and cyberattack is crucial to withstanding the threats that we will face in the future. That has to be a part of any future defence review, and it will be. Without it, we will leave our country weaker than it should be in the face of such threats.
My Lords, does the deployment of Armed Forces personnel indicate that the local police forces do not have the ability to investigate drones, as required by the Air Traffic Management and Unmanned Aircraft Act 2021?
The Gold Command for the sites in East Anglia is the Ministry of Defence Police. That force has the ability, knowledge and expertise to deal with some of the threats that the noble and gallant Lord has pointed out. His question demonstrates the need for the Ministry of Defence Police to work closely with Home Office police forces and other agencies to defend those sites.
(1 year, 8 months ago)
Lords ChamberMy Lords, I wonder whether the chiefs would have been happy to accept these cuts, as the Minister says, if there had been 2.5% available now—it is against the amount of money that is available. In addition to the equipment that has been taken, there are serious shortfalls in personnel, particularly engineers. What steps are the Government taking to overcome these particular shortfalls?
That is a really good question. On the first point about spending, the noble and gallant Lord will know that, notwithstanding the amount in the budget—there is 2.3% at the moment, and we have laid out and talked about the pathway to 2.5%—whatever amount of money the defence chiefs have to spend, they will always want to spend it in the best possible way. We have discussed with them a way of doing that ensuring that we have the newest and best possible equipment available to our Armed Forces, and that at times will mean decommissioning older equipment.
On the noble and gallant Lord’s second point, in terms of retention payments for aircraft engineers, as part of the Government's commitments to renew the nation’s contract with those who have served, eligible tri-service aircraft engineers will be given £30,000 when they sign up for an additional three years of service. From April 2025, this will be applicable to around 5,000 personnel in total. That is one practical way we are trying to deal with the specific point the noble and gallant Lord raised.
(1 year, 8 months ago)
Lords ChamberI am not a Treasury Minister, but I know as a Defence Minister that 2.5% of GDP is an absolute commitment. I hope the Treasury is successful, because if we get the growth in the economy that we want, that 2.5% will be of a much larger amount.
My Lords, the defence review is due to report early in the new year. If that is the case, it will report before the figures on the years affected by the 2.5% increase are announced. Does that not make the whole defence review unbelievable, because it will not have the figures to hand?
I thank the noble and gallant Lord for his question. As I suggested in an earlier answer, the sequencing of all of this is extremely important. Of course, we need the defence review, which is taking place within the context of the 2.5% budget figure that the Treasury has set. As I said, we will make an announcement about the pathway to that and how we intend to reach that point at a future fiscal event in the spring. The noble and gallant Lord is right to point out the importance of sequencing.
(1 year, 9 months ago)
Lords ChamberI thank the noble Lord; that is a good question. We have made as firm a commitment as we can, although I have said that it is also part of the ongoing review that the noble Lord, Lord Robertson, is undertaking. We have made a commitment to Italy and Japan and the noble Lord will know that the GCAP International Government Organisation was set up to run that programme. Its headquarters are in the UK. On 2 October, just a week or so ago, the King ratified the final part of the SI to ensure that the treaty was put in place. That shows that the Government are making progress with respect to the GCAP programme.
My Lords, is the Minister satisfied that there are sufficient war stocks for our front-line aircraft at the present time?
The noble and gallant Lord will know that we have concerns about the supply of ammunition and missiles. That is why this Government are introducing a national armaments director and working with industry. We want to ensure that the stockpiles of weapons we have are replenishable quickly, and we will look to see whether we have the necessary quantity as well. That will also form part of the review led by the noble Lord, Lord Robertson.
(2 years ago)
Lords ChamberOf course, the defence review will look at defence in the round, but it is really important that this country looks at what the next generation fighter should be. That is an important step. Looking back in history, the Typhoon was at one time a project on a research board and, before that, it was the Tornado. If memory serves me correctly, the Phantom was the fighter programme before that. Our industry and research programmes are the envy of the world. Of course these programmes need to come in on budget, make sense and meet the threats of the future, but looking at what the global combat aircraft of the future should be is an important part of any defence review.
My Lords, the Prime Minister must have selected his words extremely carefully when he spoke at Farnborough yesterday, but the press coverage in this country as a result of the interpretation of what he said has been depressing, to say the least. What reaction have the Government had from Japanese and Italian partners to what the Prime Minister said yesterday?
I certainly know that everyone has been reassured by the Prime Minister and others saying that progress on these programmes will continue. The Global Combat Air Programme continues as we speak. As I said to my noble friend Lord West, the defence review will look at defence in the round, but we will not allow it to paralyse any work that is going on with respect to defence. We are looking at it all in the round, as the noble and gallant Lord would expect, so that we get value for money, deal with some of the problems we have had and get the capabilities we need to tackle the threats that we are going to face in future.
(2 years, 3 months ago)
Lords ChamberMy Lords, I support the amendment from the noble Lord, Lord Browne. This has been worrying many of us for a long time, and I am one of the signatories to the letter to which he referred. There is just one additional point, which has been made before but I think is worth bearing in mind. That is what the impact would be on individuals whose support we would need on some future occasion, if they felt that they would not be treated as well as they should be, and as well as we have tended to treat those who have already taken part in helping our Armed Forces on operations.
My Lords, I rise briefly to say how much I support the remarks of the noble and learned Baroness, Lady Butler-Sloss, with respect to slavery, and my noble friend Lady Lister’s comments with respect to children. We will also support the noble and learned Lord, Lord Hope, on his amendment, should he test the opinion of the House. We think it is a very sensible amendment; it simply seeks reports saying that the things that are required to be implemented have actually been implemented. One has only to look at the International Agreements Committee report, which lists out 10 things in particular that it feels should be implemented before you can say that Rwanda is safe. As the noble and learned Lord has pointed out to the noble Lord, Lord Sharpe, there has been no answer from the Government, other than some vague platitudes as to progress being made and steps being taken to ensure that these things will happen, rather than that they have happened.
Similarly, we support the point that the noble and learned Lord, Lord Hope, has made with the second part of that amendment: to actually reflect on what happens in the future should, for whatever reason, changes happen in the environment with respect to Rwanda—political or whatever—that would require Parliament to reconsider its original decision that it was safe. We very much support the amendment that the noble and learned Lord, Lord Hope, has put before us.
I congratulate my noble friend Lord Browne on his amendment, and say how much we support it. The case was made in the Sunday Telegraph, as my noble friend pointed out, with 13 military and diplomatic leaders putting forward the case for exempting those who have served this country from the provisions of the Bill. This is something that we as a country should embrace without any debate or controversy at all. I say that because it is important that we support my noble friend Lord Browne’s amendment, but also that the size of the majority is such that the other place is forced to reconsider the bland statement it made: “Don’t worry. We’ll revisit this at the end of the deliberations we are having”. There is no certainty in what the Government are saying.
It is so important that my noble friend Lord Browne’s amendment is in the Bill. What it requires, and what the people of this country want, is not some reconsideration of the policy in future but a certainty that those who have served with our Armed Forces, or served us in whatever circumstances, can be assured that the promises made to them are adhered to and kept.
I cannot believe that we as a country would turn our back on those who have served with us. It is unbelievable that we should be in this situation. I say to the Minister and others who may feel it important that they vote with the Government that we are talking about men and women who have served our country, stood alongside our Armed Forces and served with us to deliver the objectives of His Majesty’s Government. How on earth can we think it appropriate that the provisions of this Bill and the treaty should apply to them? It is simply unacceptable. As such, my noble friend Lord Browne’s amendment gives us a way of saying to the Government: “Think again. We believe it should be on the face of the Bill”. I hope that noble Lords will support my noble friend when he tests the opinion of the House.
(4 years, 4 months ago)
Lords ChamberMy Lords, I will leave Amendment 78, in the names of the noble and gallant Lord, Lord Craig, and others, to them. I will speak to Amendment 77 in my name and that of the noble Baroness, Lady Smith.
We have been trying for some time to rectify the issue where those who have served our country are charged extortionate fees to settle here, among the communities that they have served. Since we debated this in Committee, the Government have moved a small way and announced that veterans who have served six years will no longer be required to pay visa fees for leave to remain. That is welcome but, frankly, not enough, and it is not what has been called for by the Armed Forces community and Members of both Houses, including some from the Government Benches.
The Royal British Legion said:
“Whilst we welcome the news that these fees will be waived for some Commonwealth Service personnel, this proposal still leaves many Armed Forces families facing severe hardship. We strongly urge the Government to go further and scrap these unfair charges for everyone who has served for at least four years and their immediate family members.”
Currently, a veteran who wishes to settle here with their partner and two children will be charged around £10,000, the vast majority of which is profit for the Home Office. The Government’s policy change amounts to a 25% discount, when a veteran has served over six years. Even in these cases, it will cost more than £7,000 for a family of four to settle in the country for which a veteran has risked their lives in service, and we ask the Government to look yet again at this—because I do not believe that they have got this right, and nor do many others.
It is not right for the Home Office to make a profit from veterans who are exercising their right to settle here with their children. This is not a party-political issue, and it is not an immigration issue; it is an issue of how we treat those who have served this country and how we fulfil our pledges in the Armed Forces covenant. I beg to move.
I support Amendment 77, and I speak to Amendment 78 in my name and that of the noble Baroness, Lady Smith of Newnham, and the noble Lords, Lord Alton of Liverpool and Lord Coaker. I am very grateful for their support.
When I returned in Committee to this issue of fixing a date, the noble Lord, Lord Sharpe of Epsom, spelt out a bit more fully than had the noble Baroness, Lady Williams of Trafford, at Second Reading the Government’s position on this long-standing issue. He said:
“I can confirm that the Government will update Parliament … with the aim of implementing any changes by the end of this calendar year.”—[Official Report, 10/2/2022; col. 1965.]
He went on to say that this was not an “in due course” response, which as noble Lords will recognise is the way favoured by Governments avoiding a firm commitment. But is “with the aim of” any more convincing than “with a view to”, as expressed by the noble Baroness, Lady Williams, at Second Reading? Neither formulation is definitive; both are woolly.
I recognise that the Government seem at last to be willing to do more than give this issue active consideration, which has been their stated position and what they have been doing for the past six years. Noble Lords will recall that the issue has been raised by Members of both Houses, including by me in meetings with successive Home Secretaries and other Ministers, through Oral Questions and Questions for Written Answer, as well as by some of the veterans themselves over the past six years or more. Against that background, it seemed reasonable to require the statutory time for this finally to be settled and for the loyal veterans who have waited for so long to know by when they will receive the answer to their request.
I had hoped that this Government would not resist this straightforward and simple amendment. However, following helpful discussions with the noble Lord, Lord Sharpe of Epsom, I sense that the Government are really on the side of these loyal veterans, some of whom are watching on the Parliamentlive channel as I speak. If the Minister responds to indicate a firm commitment to them and gives a Dispatch Box assurance that the House will be kept informed of that progress, I think that the House will feel that at last there is a positive light starting to glimmer at the end of this long tunnel. If such an assurance comes from the Minister, I shall not divide on Amendment 78 this evening.