(1 day, 13 hours ago)
Lords ChamberMy Lords, I too join in all the fulsome expressions of praise for and amazement at the bravery and efforts made by so many, both in and out of uniform, to contribute to victory—victory in Europe and, following the use of nuclear bombs, victory in the Far East.
If I may be permitted a brief personal reflection, I was two weeks short of my 10th birthday when the war started in 1939. I was living in Dublin. The Irish Free State, as it then was, was determined to remain neutral, and did so throughout the conflict—but that did not stop many thousands of my fellow countrymen crossing to the UK to volunteer and join one of the three services. My father had lost all of his right leg in the First World War, otherwise he too might have wished to join up again. But for myself and my sister, life continued much as usual. There was no food rationing. We had recently acquired a family car, but it was on blocks, as petrol was unobtainable. A very few cars had been converted to run, rather reluctantly, on gas, and they required an enormous storage balloon on their roof for fuel. For us and the rest, we depended mostly on trams and bicycles or, in the countryside, ponies and traps to get about.
For many of our age, life continued with but few changes from before the war started. We can contrast that with the destruction to life and, at times, the sheer terror of those exposed to the blitz, and those who lost loved ones. Many children living in the Home Counties were evacuated and separated from their parents and friends—an experience shared by a friend of mine of over 50 years’ standing. Meanwhile, in Ireland, we and our contemporaries seemed by and large distant from defeats and victories as they unfolded. News coverage was by newspaper or radio only, as TV had yet to reach into Ireland. I have no recollection of being encouraged to listen to news bulletins.
I doubt that today’s youth would be able to remain as detached as we and other young people in southern Ireland were in the early 1940s. Media in all its guises today tends to keep one’s undivided attention on what is happening, especially if were of the scale of another world war or major conflict. But it is also true that the direction of the media coverage has so much bearing on what is highlighted or what may be, as it were, left to one side. Media management of coverage has such an important part to play in so much of life today. The real challenge is that the truth it purports to relay is truly the same truth, whether it comes from the front line, a command headquarters or one or more of the nations’ capitals involved in the conflict. Any difference becomes the story of itself, and is ever more difficult to manage as the speed and global nature of information expand. Maybe this is a new challenge for AI. It is all too often a cause of serious, if passing, embarrassment, and more, for those involved.
To finish, today we meet to remember with true admiration those who answered the call of duty—those who were prepared to sacrifice all for the freedom and democracy of future generations. As we, the beneficiaries, honour, salute and thank them, so must we all, as much now after 80 years as we did after a single year, remember them.
(1 week, 3 days 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 support the Bill and my noble friend the Minister’s amendments. We had an interesting discussion about the phrase “relevant family members” in Committee. I declared an interest at that stage. I retain an interest, certainly until 20 September.
In view of the comment made by the Minister on the content of Amendment 12, I would like to know whether, in proposed new subsection (3)(a), the reference to
“a person whose relationship with A is akin to a relationship between spouses or civil partners”
covers someone engaged to a member of the Armed Forces, rather than a spouse or a civil partner at that time. I hope the Minister might tell me that, when it comes to the secondary legislation, that will be set out more explicitly than it is in Amendment 12.
My Lords, this amendment covers an issue concerning access to service premises, about which both myself and the noble and gallant Lord, Lord Stirrup, who is not in his place, expressed concern and on which I tabled an amendment in Committee.
I thank the Minister for his positive engagement both in Committee and at a subsequent meeting with his officials. That led to a helpful letter from the Minister, dated 23 April 2025, which clarified the position in relation to access by the commissioner and the overall authority of the commanding officer or head of establishment of service premises to refuse access on grounds of national security.
I tabled this amendment to keep the issue live pending clarification by the Government of the position. I have no desire to prolong our proceedings with unnecessary debate and I shall simply use this opportunity to put on the record the relevant part of the letter to which I referred:
“The Secretary of State’s power to restrict access is available in a particular case or more generally. We therefore anticipate that in practice the Secretary of State could provide the commissioner and heads of establishment with information in advance regarding specific sites (or parts of sites), activities, or broader criteria to which they will be preventing or restricting access. In addition to the military, the Secretary of State will consult with the Foreign Secretary and the Home Secretary to ensure all matters which infringe upon national security interests are assessed.
This mechanism will be broad enough to cover instances where, for example, a specific classified event is happening at a site that did not have any restricted areas. In these instances, should the commissioner wish to visit without notice, the head of establishment will still be able to prevent the commissioner from entering either all or part of the site. Although the Bill provides that this power resides with the Secretary of State, the application of broader criteria provided by the Secretary of State in relation to these matters will also function to allow heads of establishment to assess concerns relating to national security or personal safety and restrict access on those grounds.
In practice, heads of establishment and relevant security staff will therefore have the authority to conduct their own, fact-specific due diligence in line with these concerns, including delaying access while enquiries are made. Should disagreements arise, either party would be able to escalate this to the office of the Secretary of State”.
Unless the Minister, in his wind-up speech, seeks to amend the position, I am content. I shall listen with interest to the other contributions to the debate, but anticipate that at the end I shall seek your Lordships’ leave to withdraw the amendment.
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 month, 2 weeks ago)
Grand CommitteeMy Lords, I am in favour of Amendment 21A in the name of my noble friend Lord Harlech, to which I have added my name.
At Second Reading, I asked a question of the Minister regarding when reserves would come under the remit of the Bill. My question was supported by my noble friend Lord Lancaster of Kimbolton; sadly, he is not here today because he is with NATO in Moldova. The Minister was extremely generous with his time and subsequently gave me sight of a briefing note, which goes through in considerable detail the points that I wanted him to address; I am most grateful for that. However, the last paragraph of his briefing note brings me to the point of this particular question. It is entitled:
“How will the reserves find out about the commissioner?”
It goes on:
“During implementation, we are committed to ensuring the voices of reservists in scope of the commissioner are heard and their unique experiences and challenges are fully considered. We will actively engage with relevant reservists to ensure their welfare needs are effectively addressed, and that they are aware of the commissioner”.
Can the Minister reflect on that and see whether he cannot provide a form of words that would give us all comfort that, in fact, reservists will be made aware from day one of how they can access the commissioner? Can he also put that in the context of our debate earlier this afternoon, with particular reference to whistleblowing; and imagine what it would be like for someone who finds themselves, almost on day one, in a position where they need to access the commissioner? How would they do that? I look forward to hearing the Minister’s response.
My Lords, I, too, support these amendments. Much of what I would have liked to say has already been said, but the importance that is attached both to reserves and to the contribution they make to the regular forces will, as we go forward, grow more and more. It may well appear in the defence review as one of those key steps that are being taken. If it is, and even if it is not, I still believe that the recognition of the work of the Reserve Forces, right in the middle of the regular forces, needs to be recognised in this particular way. It would be invidious to leave the Reserve Forces outside, as it were, the responsibility of the commissioner.
My Lords, I support these amendments from these Benches. I am delighted that the noble Lord, Lord Harlech, felt inspired to stand up and speak on the first day in Committee and that he has now brought forward these two amendments.
On reading the Bill, my assumption was that it included regulars and reservists, but the very fact that these questions are being asked means that it would be very helpful if the Minister could clarify the intention of His Majesty’s Government and, perhaps, think about some minor amendments to the wording of the Bill for clarity.
Some of the amendments we brought forward last week, for example about funding, might look rather different depending on whether we are looking at a commissioner whose remit is, in essence, to deal with regulars or one who deals with reservists, because the sheer numbers are different and some of the concerns might be different. If we are looking at funding the commissioner, and his or her sub-commissioners or deputy commissioners as outlined in the Bill, it would be very useful to be absolutely clear that we are covering reservists as well as regulars, which I assume is the Government’s intention but which is not entirely clear.
Finally, the noble Lord, Lord Harlech, mentioned cadets, which also came up in discussions last week. I assume they do not fall within the Bill’s remit because they are not subject to service law, but are there ways in which they, too, would be in scope?
(1 month, 3 weeks ago)
Grand CommitteeIt just came to my mind now, and my memory may be wrong, but I thought that was the case. If it was, it would be interesting to know why that provision has been taken out as the Bill has evolved, because it is probably quite a good thing. On the one hand, I can see the advantages of having a former member of the Armed Forces but, on the other, I would not want them to be in the Armed Forces on Friday and doing this role on Monday, which is why that time gap would be useful.
I will say very briefly that I support Amendment 3, but I have some reservations about Amendment 4, mainly because of its length and its attempt to dot a lot of “i”s and cross a lot of “t”s. At the back of my mind all the time when we are discussing this Bill is that the Armed Forces Act is more than 500 pages long, and this will add to that. It becomes a nonsense to have an Act of Parliament of such complexity and such an attempt to deal with every conceivable possibility affecting the Armed Forces. It arises, of course, because the three single-service Acts were pulled together in 2006. It has produced a monstrosity, so where we can avoid adding detail to the Armed Forces Act by this Bill, we should jolly well try to do so.
My Lords, I will speak briefly in support of the amendments of and comments made by the noble Lord, Lord Beamish, the noble Baroness, Lady Smith of Newnham, and others. In doing so, I declare an interest in having previously served as a member of His Majesty’s Armed Forces.
Much has been made by His Majesty’s Government and other noble Lords of the attributes of the German model. A key feature of this model is its direct connection with and therefore accountability to Parliament. However, the Minister has previously stated that he feels that there is increased independence with the commissioner sitting outside Parliament—accountable to but independent of Parliament. There is a tension within these phrases that may be irreconcilable. We would all be keen to hear the Minister’s views on how to reconcile these tensions, which may even be contradictions.
I also support the comments made on term limits. We have heard from the noble Lord, Lord Beamish, about a limit of five years plus two for a total of seven years. In the corporate world, term limits often extend to two terms of four years, for a total of eight years, or three terms of three years, for a total of nine years. One of their key attributes is to allow for continuity and the retention of corporate memory, which still allows for a refresh and therefore introduces new experience into the mix within what is deemed an appropriate timeframe. I would like to hear from the Minister on why he feels seven years is an appropriate timeframe, as opposed to eight, nine or, as in this case, 10 years.
(3 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.
(4 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.
(4 months, 3 weeks 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.
(5 months, 1 week 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, the House will hear from the noble and gallant Lord, Lord Craig.
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.
(5 months, 2 weeks 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.
(5 months, 3 weeks 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.