War in Ukraine

Debate between Lord Craig of Radley and Baroness Goldie

Wednesday 25th October 2023 Lords Chamber

[Baroness Goldie (Con)]

As my noble friend will be aware, the combination of the two integrated reviews, not least the integrated review refresh of this year, demonstrated His Majesty’s Government’s analysis of what we consider the challenge position to be globally. That reaffirmed that our primary objective is Euro-Atlantic security but of course Euro-Atlantic security is, frankly, indivisible from Indo-Pacific security. Therefore, we are active on all fronts to use all the measures available to us to support friends and allies who believe in the same values that we believe in. That includes calling out activity that we find unacceptable. For example, we have called out China’s activity in the South China seas and called out the deeply concerning situation in Xinjiang with regard to the treatment of Uighurs. In the United Nations, we regularly call out the activities of the Democratic People’s Republic of Korea.

I reassure my noble friend that, across a whole range of fronts, we are very clear about what we need to do to stand up for rights, values and democratic freedoms. Encouragingly, we do not do that alone—we do it in concert with very important friends and allies.

[Lord Craig of Radley (CB)]

My Lords, UK defence spending needs long-term clarity. What assessment have His Majesty’s Government made of the cost of current levels of support for Ukraine over the next two years and its impact on provision for UK defence over a similar period?

[Baroness Goldie (Con)]

I have been able to indicate to the Chamber, and reiterate it to the noble and gallant Lord, that we are satisfied that we have the resource not only to attend to our indigenous domestic security and defence needs but to continue affording the help that we have been affording to Ukraine, for example. The noble and gallant Lord will be aware of figures that have been settled for last year and this year in respect of that aid. I do not want to pre-empt the Autumn Statement—it would be quite wrong to do that—but I reassure him that the Prime Minister, the Chancellor, the past Secretary of State for Defence and the current Secretary of State for Defence are absolutely aligned on wanting to continue our support of Ukraine.

Ukraine: Ammunition and Missiles

Debate between Lord Craig of Radley and Baroness Goldie

Monday 24th July 2023 Lords Chamber

[Baroness Goldie (Con)]

The noble Lord will be aware of two things. There has been an extensive supply of weapons to Ukraine, evidenced by the recent Written Statement that I laid before this House on 20 July. He will also be aware that there has been an overall challenge with the industry, experienced by other NATO members, because some of them were not production ready; we know that. The MoD has engaged closely. The industry is now in a much healthier state and I hope the recent list of orders, which I indicated, reflects that much healthier state and that the MoD is satisfied that, along with our NATO partners, industry is now geared up to supply what is needed.

[Lord Craig of Radley (CB)]

My Lords, how many of the various types of ammunition and other missiles that were ordered were ordered from UK producers and how many from overseas?

[Baroness Goldie (Con)]

The recent munitions contract for the 155-millimetre artillery shells is with BAE Systems, and part of this agreement involves an order for 30-millimetre cannon rounds and 5.56-millimetre rifle rounds. We have also placed orders with Thales—that is for the NLAWs—and there is a lot of activity now with our UK manufacturers.

Defence Command Paper Refresh

Debate between Lord Craig of Radley and Baroness Goldie

Wednesday 19th July 2023 Lords Chamber

[Baroness Goldie (Con)]

I thank the noble Lord for his kind remarks about my colleague and friend Ben Wallace. I will convey them to him and direct him to Hansard. I know he will be much comforted by the comments of the noble Lord, Lord Robertson, and I know he will not bear any resentment that the noble Lord, Lord Robertson, enjoyed what has eluded him. He is looking remarkably free and easy. He is looking positively liberated, so I think he is clearly anticipating with great pleasure whatever lies ahead.

I omitted to respond to the point that the noble Lord, Lord Coaker, raised at the beginning of his remarks about an opportunity to debate this in the autumn. The noble Lord, Lord Robertson, has just articulated a very similar sentiment, which reminded me. When the noble Lord previously passionately expressed his disquiet and dissatisfaction with the amount of time devoted in this Chamber to debate on the Ukraine war, I did convey that, and I fully understand that this paper is a very significant component of our defence plans. Again, I will take this back direct to the Leader and the Chief Whip and say that there is clearly an appetite for more time to be set aside. Your Lordships will understand that in this House we do that through the usual channels. I would appreciate it if your Lordships would convey the same message through your avenues on your party Benches, because I think the Leader and the Chief Whip would find that helpful.

I am very clear about the significance of where we are now, with another war in Europe, as the noble Lord, Lord Robertson, indicated—an illegal conflict in Ukraine. The pivotal decisions that now lie in front of defence, our change of direction and how we will take forward this new model, genuinely require debate and discussion. I am very sympathetic to that, so I reassure both noble Lords that I hear what they are saying and I will repeat that as cogently as I can.

[Lord Craig of Radley (CB)]

My Lords, the refresh paper makes ambitious and encouraging claims for improving many defence issues. I am told, indeed, that the paper says “We will” nearly 300 times. Let us hope that the many advances in defence outlined will remain fully funded, and that it does not suffer the underfunded fates of so many of its predecessors. Can the Minister confirm whether the improvements trailed rely on firm delivery of the aspirational future 2.5% defence budget? Bearing in mind the increases due to inflation, are these also factored into the envisaged future programme?

Of particular interest are the many steps intended to improve on procurement—surely a vital issue following the recent Defence Committee’s scathing report on procurement entitled It is Broke—and It’s Time to Fix It. Many of the steps outlined make good sense: speeding up the processes; bringing industry in sooner; ensuring that there is production continuity, for example by maintaining a continuous shipbuilding pipeline, or avoiding skills fade by maintaining production lines for longer. Occasionally, it seems to be attempting to ride two horses at once, procurement being

“Allied by Design and national by exception”—

except for the use of homegrown technologies to reduce the risks of vulnerabilities to global supply chains. Does the Minister have any additional figure for the greater support of industry envisaged in this developing programme?

Reference is also made to increasing efforts to deliver an air and missile defence approach. Ukraine’s experience has rightly focused minds on this major gap in UK defence. What timescale is envisaged to bring this into operation?

Warrior Capability Sustainment Programme

Debate between Lord Craig of Radley and Baroness Goldie

Wednesday 3rd May 2023 Lords Chamber

[Baroness Goldie (Con)]

I actually said that the department is aware of the need to look at the opportunity of a different approach to procurement, and there may be situations where there is something on the shelf that would work, would be adequate and can be obtained at a reasonable price. That is certainly an opportunity of which the department is aware, and about which it will be vigilant. On procurement generally, I have said before that defence procurement is probably the most complex in government, and that is why, through last year’s Defence and Security Industrial Strategy, we are working to improve the speed of acquisition and ensure we incentivise innovation and productivity.

[Lord Craig of Radley (CB)]

My Lords, the Minister made clear Warrior has a critical role at the present time in the British Armed Forces. Have any Warriors been gifted to Ukraine and, if so, how many? Is there any intention to gift any more to Ukraine, to help them in their struggle against Russia?

[Baroness Goldie (Con)]

I do not have specific information to reply to that question, but I shall make inquiries and disclose what is available to the noble and gallant Lord.

Ukraine

Debate between Lord Craig of Radley and Baroness Goldie

Tuesday 2nd May 2023 Lords Chamber

[Baroness Goldie (Con)]

I thank the noble Baroness for raising an important point. We have resources and assets to cover those contingency demands on our personnel. I take this opportunity to pay tribute to what I thought was, once again, the impressive professionalism and commitment of our Armed Forces personnel in effecting a safe evacuation of British nationals, and indeed other personnel, from Sudan.

I think we all in this House agree that the Wagner Group is an odious organisation. We do not comment regularly on whether we are going to proscribe an organisation or designate it a transnational criminal organisation—these are matters we keep within our confidence—but I can say that we have taken action. The UK has now sanctioned more than 1,500 individuals and more than 120 entities in response to Putin’s war in Ukraine. This includes the Wagner Group, Yevgeny Prigozhin and his family, and Dmitry Utkin. We are taking action against the group.

[Lord Craig of Radley (CB)]

My Lords, media reports suggest that Russia has made increasing attacks by air on Ukraine. What assessment have His Majesty’s Government made of Ukraine’s ability to resist these attacks and not submit to a loss of air superiority against the Russians?

[Baroness Goldie (Con)]

I say to the noble and gallant Lord that I think that the evidence to date has been that Ukraine has mounted an extraordinarily courageous and very effective response to Russian air aggression. Among the many types of equipment we have supplied to Ukraine, we have included anti-aircraft missile systems that can be launched from both land and ship.

Top Secret Document Leaks

Debate between Lord Craig of Radley and Baroness Goldie

Thursday 20th April 2023 Lords Chamber

[Baroness Goldie (Con)]

As I indicated yesterday in responding to a question about Ukraine, we are working in lockstep with our allies through forums such as the G7 and NATO and efforts such as the UK-led International Fund for Ukraine to get Ukraine the firepower it needs to rapidly regain its territory. We are in daily contact. Tomorrow the Secretary of State for Defence will be at Ramstein, the airbase in Germany, at a meeting hosted by the United States. We are also anticipating the NATO summit in Vilnius in July, and we have constant bilateral engagement with our other partners. Everything is being done to ensure that we can respond as meaningfully as possible to what Ukraine thinks it needs.

[Lord Craig of Radley (CB)]

Media reports suggest that the individual originally responsible is an American of considerable youth who still had access to a great number of very sensitive files. Can the Minister confirm that that indeed is the case and further confirm, as regards the Ministry of Defence and our coverage, that it is not as exposed as the American one seems to have been?

[Baroness Goldie (Con)]

I can confirm to the noble and gallant Lord that the American criminal justice system has identified an individual, who I understand has been arrested and I presume is detained. On sharing information within our own MoD, we are very careful about where that information is, where it is stored and to whom it is transmitted. As I said in response to an earlier question, very detailed procedures are now in place to ensure that the correct balance is struck. We have to be careful not to obstruct this vital sharing of information, which may be incredibly important to inform discussion and decisions, while ensuring that we balance that with the need to store and manage the transmission of material responsibly and securely.

Ukraine: Arms Supplies

Debate between Lord Craig of Radley and Baroness Goldie

Wednesday 19th April 2023 Lords Chamber

[Baroness Goldie (Con)]

I do not want to pre-empt the department’s response to the Public Accounts Committee, which will be prepared and submitted in due course. I can say that there is an element of divergence on how facts and circumstances are interpreted, but that is for the more detailed response. I reassure the noble Lord that, on the basis of previous criticism of the MoD by the National Audit Office and the Public Accounts Committee, significant reforms have been effected within it. To be fair, the noble Lord is aware of many of these, and there is no doubt that they are delivering improvement. As to the committee’s overall report, it falls to the department to respond fully in the appropriate time period.

[Lord Craig of Radley (CB)]

My Lords, it is well known that much equipment is being provided to Ukraine by its allies. Will that be sufficient to ensure that Russia does not embark on further offensive action?

[Baroness Goldie (Con)]

As I indicated earlier to the Chamber, I can tell the noble and gallant Lord that we are in daily contact with Ukraine. Wherever possible, we seek to ensure that intelligent responses are given to the pressing needs that Ukraine identifies. We do this in consort with our allies and partners, as that is the only sensible approach. The noble and gallant Lord is aware of the significant support that has already been provided, not just by this country but by our allies—notably the United States. That programme of activity includes the Defence Secretary attending a meeting of the Ukraine defence contact group, hosted by the United States, this Friday in Ramstein. That is another forum where we can work out how best to continue to provide support to Ukraine.

Ajax Vehicles

Debate between Lord Craig of Radley and Baroness Goldie

Monday 12th December 2022 Lords Chamber

[Baroness Goldie (Con)]

I think the noble Lord refers to the King report—the report from the director of health and safety in the MoD. As I indicated to the noble Lord, Lord Coaker, we have implemented a number of these recommendations. In particular, we have stood up the noise and vibration working groups; that is an important development. Future trials of armoured vehicles will have real-time measurement of noise and vibration; that is very important. A dedicated cell has been established to support safety-risk governors for senior responsible owners with complex projects. They carry a huge responsibility and they need that support. On the wider issue mentioned, the Procurement Bill addresses particular issues of procurement but, at the end of the day, how procurement is done effectively in monitoring governance assessment is very much a matter of good regime within the MoD. We now have in place practices, procedures and processes to try to ensure that we are approaching these complex contracts in the best way that we can.

[Lord Craig of Radley (CB)]

My Lords, could the Minister say more about the damage to and loss of hearing mentioned by the noble Lord, Lord Coaker, and what steps are being taken to ameliorate that or recompense those who have suffered?

[Baroness Goldie (Con)]

When the problem emerged during trials, immediate action was taken: support was given, medical help was provided and monitoring continues. I do not have up-to-date information, but I will make inquiries and write to the noble and gallant Lord about that. Recently, it was made clear during the user-validation trials that no one was to feel under obligation to continue if they had concerns about health and safety, and they were free to speak up. As far as I am aware, the trials were able to proceed without interruption.

Ukraine: Russian Drone Attacks

Debate between Lord Craig of Radley and Baroness Goldie

Tuesday 29th November 2022 Lords Chamber

[Baroness Goldie (Con)]

The noble Lord is correct in that intercepting these drones is challenging because some of them are relatively small in mass, so certain types of weaponry may be more effective than others in addressing them and trying to stop their continued progress. What I can say is that the UK continues to give air defence missiles to Ukraine; we are proud to be the second-largest donor of military equipment. We will provide additional air defence missiles to Ukraine, and we continue to provide sophisticated electronic warfare equipment, which gives additional protection against long-range drones and missiles.

[Lord Craig of Radley (CB)]

My Lords, have the Government made any detailed assessment of the impact of sanctions on Russia’s ability to produce weapons and deploy them? Is there any indication that the sanctions have in fact affected Russia’s ability to fight?

[Baroness Goldie (Con)]

There is evidence that the sanctions have certainly had an impact on Russia’s ability to operate a functioning economy. As to their impact on its weapons manufacturing, I have no specific information. It may not be information that I would be able to disclose; I will make inquiries and shall certainly respond to the noble and gallant Lord if I can.

Mali: UN Peacekeeping Mission

Debate between Lord Craig of Radley and Baroness Goldie

Tuesday 15th November 2022 Lords Chamber

[Baroness Goldie (Con)]

My noble friend raises a very interesting point. I go back to my earlier observation about how the African states view involvement externally from the continent. We have to be sensitive to that. That is one of the areas of important discussion for the Accra initiative. I totally understand the point my noble friend makes. He will appreciate that I cannot give a specific response to it, but I am sure his point is noted and I will certainly make clear to my right honourable friend Mr James Heappey the concerns that my noble friend has expressed.

[Lord Craig of Radley (CB)]

My Lords, the Minister has been through a great deal of detail, but I do not think she mentioned the financial implications for the Ministry of Defence. Will there be some savings? If so, has she any idea what the figure might be? More importantly, can she assure the House that there is no intention that any of the units withdrawn will be withdrawn from the front line and that they will return to other duties on the front line?

[Baroness Goldie (Con)]

My understanding is that a total of £79.85 million has currently been committed to the deployment through the Conflict, Stability and Security Fund. I emphasise that the decision to withdraw is nothing to do with money—I wish to make that clear to the noble Lord, Lord Tunnicliffe. It is to do with a fundamental change in the operational environment, which means that we are trying to support a peacekeeping mission when the host country is not prepared to co-operate on that objective and is enlisting the help of parties that have a directly inimical attitude to such an objective.

As to future funding, we have to look at the Accra initiative and see what unfolds from that. We have not yet asked His Majesty’s Treasury to fund that initiative. When we know more about what is needed and how much funding we will apply for, we will make sure that this is an agreed, cross-government effort. The noble and gallant Lord will remember that Operation Newcombe, our contribution to Mali, was resourced by two different funds. It was resourced by the special reserve for our support to Operation Barkhane and the Conflict, Stability and Security Fund for our contribution to the MINUSMA mission.

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

Debate between Lord Craig of Radley and Baroness Goldie

Tuesday 18th October 2022 Grand Committee

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

I feel almost Gilbertian in this Gilbert and Sullivan-esque interchanging of roles.

My Lords, this statutory instrument consists of three changes to the rules that apply to the service courts: to provide an overriding objective for court martial, the Service Civilian Court and the Summary Appeal Court; to give the Director of Service Prosecutions responsibility for warning prosecution witnesses of trial dates; and to increase the representation of women on court martial boards.

The first of the measures in this statutory instrument implements a recommendation of His Honour Shaun Lyons’ review of the service justice system, which was published in 2020. The review recommended the introduction of an overriding objective for the court martial, based on Part 1 of the Criminal Procedure Rules for England. A similar rule has been used in the civil and criminal courts in England and Wales for some time. The overriding objective in the criminal courts is that cases are dealt with “justly”, which encompasses considerations such as the need to acquit the innocent, convict the guilty and ensure that cases are dealt with efficiently and expeditiously. The participants in the case are also subject to this duty as well as the court, which assists with active case management. This measure will mean that judge advocates and participants in proceedings in the court martial, the Service Civilian Court and the Summary Appeal Court are subject to similar duties and will assist case management in those courts.

The second measure in this instrument also implements a recommendation of His Honour Shaun Lyons’ review. The measure amends the current rules on notifying witnesses to give the Director of Service Prosecutions, rather than the Military Court Service, responsibility for warning prosecution witnesses of trial dates. This change will align practice in the service courts with the civilian criminal justice system for England and Wales, where the role is performed by the Director of Public Prosecutions.

Finally, this instrument inserts a new Rule 34A into the court martial rules, which requires the court administration officer to ensure that, if any lay members of the court are servicepersons, there is at least one man and one woman on the board. I emphasise that we are confident that the court martial, in its current form, is a fair, efficient and effective court, which delivers justice for our Armed Forces. However, due to the lower numbers of women compared to men serving in the Armed Forces, the chances of a woman being selected at random to serve on a court martial board are significantly lower than those of a woman being randomly selected to serve on a jury in the civilian system.

We want to redress that imbalance by means of this procedural adjustment, which aims to improve and enhance the representation of women on court martial boards. Rather than it being left to chance that a woman will be randomly selected, this change will ensure that there will always be at least one woman on every board. This will bring the court martial closer to the civilian criminal justice system, so that servicewomen’s voices, experiences and perspectives are part of the decision-making process.

This important change has its origins in a recommendation made in the highly regarded Defence Sub-Committee report Women in the Armed Forces: From Recruitment to Civilian Life. That sub-committee was chaired by the recently appointed Minister for Defence People and Veterans, my honourable friend Sarah Atherton. In the government response to the report, the MoD undertook to carry out work to increase women’s representation on court martial boards related to sexual offending. I am delighted to say that the Government are going further than the report recommendation, as we think it is right to ensure that women are better represented on boards dealing with all types of cases.

I reassure your Lordships that the MoD has very carefully examined the impact this will have on women who serve in our Armed Forces. It is true that this measure will mean that women are slightly more likely to be selected to sit on a court martial board than currently. The total number of women required to populate all three services’ boards is 192. This is an increase of 48 more women per year than the current 144, and is 4.2% of the population of women eligible to sit on a court martial board, due to rank and seniority requirements. The total number of men required to populate the three services’ boards would be 672, which is 1.7% of the population of men eligible to sit on a court martial board.

This difference, however, will not result in women being treated less favourably than men. Service as a lay member of a board lasts only around two weeks and is a normal part of the duties of any senior NCO or officer. It can also be useful experience for future command, as commanding officers play a key role in the service justice system. To mitigate the risk of the same women being selected repeatedly, we will also introduce an exemption of 12 months for those women who have already sat on a court martial board for more than five working days.

We believe that increasing the representation of women on court martial boards ensures that they are always part of the decision-making process in service justice. It will better reflect our society and reinforce the important role that servicewomen have, not just in our Armed Forces, but in the service justice system. I beg to move.

[Lord Craig of Radley (CB)]

My Lords, in supporting this draft SI and accepting that revision is not an option, I still have a couple of points to raise. The overriding objective introduced in all three types of service court seems, on first reading, to be almost entirely motherhood and apple pie, or should almost be taken for granted as sound administration. But I accept that, in the legal world, it is perhaps better to have every likely “i” dotted and every possible “t” crossed. It also follows a recommendation of his honour Shaun Lyons, whose knowledge and expertise in service law and procedure is well recognised and respected. It is right, therefore, that this new section is inserted.

However, I noted, although the accompanying memorandum does not mention it, the extra Rule 3A(2)(h)(v), which is not in the criminal court’s rules. It reads,

“the need to maintain the operational effectiveness of Her Majesty’s forces.”

I imagine some printing amendment will replace “Her” with “His”, but this raises the question of who decides. Presumably the Defence Secretary is responsible for such a judgment, but can he tell a court marital what to do? It may be so unlikely that the situation never arises; in which case, why put it in at all?

--- Later in debate ---

[Baroness Goldie (Con)]

My Lords, once again we have had an interesting debate. In many respects this has been a more technical SI than the earlier one, but none the less, it has generated points of interest and I will do my level best to address them.

The noble and gallant Lord, Lord Craig, raised the very important issue of who decides. This duty created by the instrument to consider operational effectiveness is vital, and the noble and gallant Lord was good enough to indicate to me where his area of concern lay. I have tried to do some research into it, and I will try to deal with the points that he raised.

It will be for the judge advocate alone to decide what should or should not be done to take account of the need to maintain operational effectiveness. However, it is important to put this provision in context. The overriding objective is that cases be dealt with justly. Some slight mischief was articulated about this being motherhood and apple pie. The essential components are good, but that is because we are replicating what already exists in the civilian criminal justice system, and it works. I make no apology for transporting that into our court martial procedures because I think these are virtuous and will greatly improve our court martial system.

The reference to operational effectiveness does not change the overall objective that cases be dealt with justly. Nor does it affect in any way a defendant’s right under Article 6 of the ECHR. It is there to recognise that the services courts deal with cases where defendants, board members and witnesses will generally be services persons, who will often have other important and sometimes unpredictable commitments.

The role will give judge advocates the flexibility to take this into account. The kind of scenario where we expect it to be relevant would be, for example, where the date of a trial might need to be brought forward or, indeed, delayed, or a witness might be allowed to give evidence via live link. Certainly, I reassure your Lordships that the Judge Advocate-General was consulted and agreed with the use of the phrase “operational effectiveness” in the context of this change.

I thank the noble and gallant Lord for raising an important point. I have tried to address it. The fact that the Judge Advocate-General is content with the position I think provides significant reassurance.

[Lord Craig of Radley (CB)]

Just to be clear, is the Minister saying to the Committee that the Judge Advocate-General has the say and, regardless of whether the Secretary of State agrees with him, the Judge Advocate- General wins?

[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.

Armed Forces (Covenant) Regulations 2022

Debate between Lord Craig of Radley and Baroness Goldie

Tuesday 18th October 2022 Grand Committee

[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.

[Lord Craig of Radley (CB)]

Mentioning embassies in that sense seems to bring in the possibility of central government interests and the FCDO.

Defence: Type 45 Destroyers

Debate between Lord Craig of Radley and Baroness Goldie

Monday 10th October 2022 Lords Chamber

[Baroness Goldie (Con)]

The noble Lord is being slightly mischievous and, as he is well aware, yes, we have a lot of ships that work extremely well. They have been much in evidence, not least when they were supporting the carrier strike group and were part of that global support activity. They have also been active in various arenas, as the noble Lord is well aware. As I said to the noble Lord, Lord West, I cannot comment in detail on operational activity, but we are satisfied that our operational requirements are being met.

[Lord Craig of Radley (CB)]

My Lords, ships of course need crews to work them. Can the Minister give any indication as to whether the Royal Navy manpower and womanpower is adequate to the task that it is being asked to fulfil?

Ukraine: Weapons

Debate between Lord Craig of Radley and Baroness Goldie

Thursday 16th June 2022 Lords Chamber

[Baroness Goldie (Con)]

I am unable to provide anything more specific to the noble Lord in addition to what I have previously said. I cannot offer a detailed inventory of what is currently in storage in terms of stockpiles for the UK, or a complete inventory of what is being released to Ukraine. What I can reassure the House about is that the department is constantly engaged in reviewing these stock levels, having regard to both our commitment to support Ukraine and our obligation to make sure we can defend the United Kingdom. As the noble and gallant Lord asked earlier, we are fully engaged with industry.

[Lord Craig of Radley (CB)]

My Lords, as well as supplying weapons, Royal Air Force Typhoons are flying regular NATO missions over countries adjacent to Ukraine, in addition to their UK QRA and defence of the Falklands tasks. What steps are Her Majesty’s Government taking to increase the size or number of Typhoon squadrons in order to cope with this exceedingly additional commitment?

[Baroness Goldie (Con)]

I can confirm to the noble and gallant Lord that we have been deploying elements of all three armed services. That includes bulking up the presence in Cyprus, because we have four additional Typhoons there. We are doing that within our existing commitments, and we are satisfied that that is a balance we can reconcile not just in terms of crews needing to be rested, recuperated and returned to duty but in terms of meeting both our obligations to our NATO allies on the wider safety of Europe and our own internal obligations.

Ukraine Update

Debate between Lord Craig of Radley and Baroness Goldie

Wednesday 27th April 2022 Lords Chamber

[Baroness Goldie (Con)]

I think that when the Secretary of State referred to the next three weeks, he had in mind what has been a clearly discernible change of approach by the Russian leadership and military. That has involved two things. It has involved a new command structure, which indicates that the previous structure was not working. It also indicates that Russia realises that it is going to have to consolidate its resources and it therefore wants to focus on the eastern part of the country. That is a critical part of the conflict, because it is very clear that Russia is determined—we see it from the activity already taking place in towns and cities within that area—to try to strike this land bridge down through the south-eastern part of the country. That is what the Ukrainians are determined to resist, and it is what the UK—with all our allies and partners—is determined to support Ukraine in repelling.

On the issue of the next three weeks, we all know that President Putin has set his May Day parade day as an iconic, tokenistic opportunity to—no doubt—declare how successful he considers this illegal war has been. That would always raise an expectation that he might be prepared to escalate activity, and therefore there is a critical need to anticipate and respond if that is the case. This is a critical part of the conflict, but I think it is clear from the response in the support for Ukraine that the Ukrainians know that they have a lot of friends, and they now have a lot of really substantial equipment and weaponry to help them in the defence of their country.

[Lord Craig of Radley (CB)]

My Lords, I very much welcome the Statement and the support which the Government are giving to Ukraine. I was very grateful to hear the assurance from the Minister that the kinetic capabilities of our own forces are being protected. I hope that industry is rising to the challenge, which it obviously must be facing. One thing which was not mentioned was the impact of economic sanctions on the fighting capability of the Russians. Has any assessment been made of those sanctions as they affect the military capabilities of the Russians, both immediately and in the longer term?

[Baroness Goldie (Con)]

The noble and gallant Lord has asked an interesting question. There is no question that the broad mechanism of sanctions applied both by individual countries and in concert by united nations is having an impact on Russia. I do not think that there is any question about that. The extent to which that will impact on the Russians’ military endeavour and their capacity to, quite simply, pay salaries or fund equipment or buy new equipment is probably much more difficult to anticipate, but it is a very interesting question. As time passes, we might begin to get a clearer picture of what this means for the Russian military endeavour.

We all understand at the moment that what we are seeing are, quite simply, signs of the failure of that Russian endeavour, because there have been clear indications of failure. Part of that might be down to incompetence and ineptitude on the field, but some of it might be increasingly down to inability to keep supplies coming, logistics flowing and the normal support necessary to sustain armed forces in conflict. It is an interesting point, and I will take it back to the department. If I come across any further information, I shall share it with the noble and gallant Lord.

Ukraine: Lethal Weapons

Debate between Lord Craig of Radley and Baroness Goldie

Tuesday 5th April 2022 Lords Chamber

[Lord Craig of Radley (CB)]

My Lords, can the Minister confirm—bearing in mind the large numbers of weapons being used by the Ukrainians—that the United Kingdom can continue to support those requirements without reducing our own defence needs below essential? What cost is the Ministry of Defence having to bear, if any, for all these weapons?

[Baroness Goldie (Con)]

I can confirm to the noble and gallant Lord that the MoD continually manages and reviews all of its stocks of weapons and munitions to ensure that it can meet its commitments. That includes supplying to Ukraine while ensuring that UK Armed Forces stocks are sufficiently maintained. Where replenishment is required, this is expected to be funded from the HM Treasury special reserve.

Migrant Crossings: Role of the Military

Debate between Lord Craig of Radley and Baroness Goldie

Thursday 20th January 2022 Lords Chamber

[Baroness Goldie (Con)]

The noble Baroness makes an important series of points. She is right, for example, that the Home Office and the FCDO will continue the primary discussion with France on the diplomatic front. I reassure her that Defence has a very strong relationship with France, and we regularly speak to our counterparts on matters of mutual interest. Funding will be required for this, and the Ministry of Defence is currently computing costs with a view to informing discussions with the Treasury. On the assets, we are dealing with a domestic situation in largely indigenous waters, and therefore the capabilities that Defence makes available for this task will be assets already permanently assigned and committed to operations in home waters, including offshore patrol vessels, P2000s and RHIBs.

[Lord Craig of Radley (CB)]

My Lords, it is very unlikely that the migration effort by people wanting to come to this country will cease. I must therefore ask the Minister how long the Ministry of Defence expects to be committed to this task. Is it indefinite or for a set period?

[Baroness Goldie (Con)]

I say to the noble and gallant Lord that the overall responsibility for dealing with immigration is cross-government. In so far as the MoD’s operational role is concerned, it will retain primacy of operational control until public confidence is restored and the number of individuals attempting to enter the UK through this route is brought under manageable levels.

Armed Forces Bill

Debate between Lord Craig of Radley and Baroness Goldie

Consideration of Commons amendments
Wednesday 8th December 2021 Lords Chamber

[Lord Craig of Radley (CB)]

Before the Minister sits down, the big issue that came from this House is where local authorities cannot deal with the veteran issue. We produced some examples of that; it was not discussed at all in the other place. Could she explain why? This is not acceptable at this stage, bearing in mind that, in effect, it is already being carried out. I do not see why there should be any difficulty in incorporating the Secretary of State “having due regard” as the form of words, to show that it is a matter for central government. The veteran issue cannot be dealt with at local level.

[Baroness Goldie (Con)]

Central government, as I have indicated previously, is bound by a wide spectrum of obligations. Some of these obligations exist because of parliamentary and government obligations, some exist because the MoD is an employer of the Armed Forces, and some exist because, under the covenant—which is a concept, as I have said—we want to do the best we can.

What I did explain was that to make this work—I hope it is clear from the text of the Bill in relation to the three functions we have identified—you need to have an identified body and detailed functions. That is why the Government feel that it is premature to take this step at this time. I appreciate that the noble and gallant Lord disagrees with that interpretation. He feels that the Government should absolutely accept that they are bound under the covenant. I would say that they are bound under the covenant as a concept in terms of a moral responsibility, and they are certainly accountable not just to Parliament, as they rightly should be, but to their own Armed Forces and to their veterans, and to public opinion.

I have tried to explain why we feel that to take this step at this stage is both precipitate and premature. I appreciate that there is not agreement on that view, and that is what democracy exists to serve. But I have endeavoured to explain to your Lordships the position of the Government and why they hold to their views in these circumstances. Again, I respectfully ask the noble Lords to withdraw their Motions A1 and B1.

Armed Forces Bill

Debate between Lord Craig of Radley and Baroness Goldie

3rd reading
Monday 29th November 2021 Lords Chamber

[Lord Craig of Radley (CB)]

My Lords, as one of the sponsors of a number of amendments, I have added to the work of the Minister and her Bill team. I add my thanks to her for the way she has dealt with them. The Bill team, having been faced with a very large number of late government amendments, have done a magnificent job; Jayne Scheier and all of them ought to be thanked very much for that effort. I hope that the Minister will not forget that I mentioned the Hong Kong veterans and have yet to have a decent reply about that. The issue has been outstanding for 35 years, so it is about time it was dealt with.

I hope, too, that the amendments we have sent back to the other place will be accepted. Time is short, Covid threatens and it would be sensible if the Government avoided ping-ponging it in this direction again. I thank the Minister very much for all that she has done on this Bill.

[Baroness Goldie (Con)]

I thank the noble Baroness, Lady Smith, and noble Lords across the Chamber for their contributions. They reflect what I said in my remarks: we are all united in our admiration for, and desire to support, our Armed Forces. I thank noble Lords for these helpful and constructive comments.

Armed Forces Bill

Debate between Lord Craig of Radley and Baroness Goldie

Committee stage
Wednesday 27th October 2021 Grand Committee

[Lord Craig of Radley (CB)]

My Lords, before the Minister sits down, I refer her back to her earlier comments about the addition of functions, and her feeling that this would be an overload on the functioning of the covenant system. Perhaps these functions could still go into the Bill but be brought into force through statutory instrument at various stages in future. It seems to me that the opportunity to get them into the Bill is one that we should not miss.

[Baroness Goldie (Con)]

As the noble and gallant Lord knows, I have the greatest respect for him. I have no doubt whatever about his commitment to and interest in these issues. I have tried to indicate that even to get to where we have reached has been challenging and difficult. Notwithstanding all that, it has got us to a good place. It is far better to put our toe in the water, make progress in these three significant areas—and they are significant—and assess how that is working in practice. Then we can make an informed decision about whether expansion is needed and, if so, where. Is it proving a source of concern to our Armed Forces personnel and veterans? That further work will be important to establish, first, whether a need is there and, secondly, how to meet it. As I said earlier to him, that requires extensive consultation with a large variety of bodies, not least the devolved Administrations.

I should not want to give people boundless hope that we could deliver things that, although in an Act of Parliament, could prove problematic to deliver. That is my major concern. We should manage expectation. Quite honestly, we should allow this to unfold and see how it runs. We are under an obligation in the covenant to report every year on how matters are progressing, and we have the facility in the Bill to take forward expansion if that need is identified. I suggest to the noble and gallant Lord that this is a more prudent and sensible way in which to proceed.

Afghanistan

Debate between Lord Craig of Radley and Baroness Goldie

Wednesday 21st April 2021 Lords Chamber

[Baroness Goldie (Con)]

As I indicated earlier, this is the start of a new chapter. The focus now will be on the political process within Afghanistan. The responsibility to take all necessary decisions to support the journey towards peace will rest with the Afghan Government, including whatever decisions they feel they need to take in relation to their defence and security measures.

[Lord Craig of Radley (CB)]

My Lords, President Biden inherited a decision to reduce US forces in theatre. Either that process had to continue or force levels had to be increased with no end date in sight. Would sustaining increased force levels indefinitely in theatre have been a viable option for the UK, given our other overseas commitments and the decision to reduce the current combat strength of our Armed Forces?

[Baroness Goldie (Con)]

The United Kingdom was always clear that we went into Afghanistan alongside our NATO allies. We have adjusted together, and now we will leave together. This has not been a unilateral United Kingdom decision. As I said to my noble friend Lord Lancaster, alongside our NATO allies and partners, we shall consult closely on the way forward as the focus turns to Afghanistan itself, the Afghan Government and the political journey forwards.

Integrated Review: Defence Command Paper

Debate between Lord Craig of Radley and Baroness Goldie

Tuesday 23rd March 2021 Lords Chamber

[Baroness Goldie (Con)]

I have already indicated to your Lordships why we consider maintenance of a credible minimum nuclear deterrent to be absolutely essential, and it is our judgment that the increase in warheads is essential to underpin that. That is not escalating nuclear weaponry but simply ensuring that the deterrent as it currently exists is adequately supported and capable of doing the deterrent job which it is there to do. We are satisfied that we are compliant with the non-proliferation treaty; of the stated nuclear stockpile nations, we have the lowest stockpile.

[Lord Craig of Radley (CB)]

My Lords, the innovative, offensive National Cyber Force taking shape with defence SIS and GCHQ participation will presumably involve the ministerial responsibilities of both the Foreign Secretary and the Defence Secretary. To which Minister and which senior military or civilian officeholder will the commander of this force be primarily responsible, and indeed, has the appointment been announced?

Overseas Operations (Service Personnel and Veterans) Bill

Debate between Lord Craig of Radley and Baroness Goldie

Committee stage
Thursday 11th March 2021 Lords Chamber

[Lord Craig of Radley (CB) [V]]

My Lords, the Minister has reminded us that, when Defence Secretary, Michael Fallon said:

“before embarking on significant future military operations, this government intends derogating from the European Convention on Human Rights, where this is appropriate in the precise circumstances of the operation in question.”

In her letter of 26 February, the Minister indicated that Clause 12 was included to reflect this undertaking. Significantly, Clause 12 does not give the same weight to a decision to derogate as was indicated by Mr Fallon. If that is what is intended, should it not say so in words that reflect the commitment explained by Mr Fallon? What is the Government’s intention? Is it to seek to have in place an effective form of combat immunity for active operations overseas? That would be welcome but, at present, as many noble Lords have said, Clause 12 seems worthless and should not form part of the Bill.

[Baroness Goldie (Con)]

The Bill has been drafted to reflect the overall policy intentions to try to reassure our service personnel that, before overseas operations are committed to, careful thought is given to them. As the noble and gallant Lord understands, because of the deliberate way that the Bill is drafted, the impact of Clause 12 is merely to consider, not to compel, derogation. I simply repeat my undertaking to the noble and learned Lord, Lord Hope of Craighead: I will look very carefully at these arguments.

UN Mission in Mali: Armed Forces Deployment

Debate between Lord Craig of Radley and Baroness Goldie

Monday 14th December 2020 Lords Chamber

[Baroness Goldie (Con)]

I thank my noble friend for raising a very important point. I also pay tribute to her role as chairman of the International Relations and Defence Committee and to its very positive and useful report, The UK and Sub-Saharan Africa: Prosperity, Peace and Development Co-Operation. My noble friend was in discussion with the FCDO. I think she received a fairly full letter of clarification about the points she felt were not addressed. I hope that has gone some way towards reassuring her of the Government’s good intent to make a positive contribution in this region of Africa.

Preparation and equipment are very important. There has been analysis of the tasks the UK contingent will conduct on mission, particularly the terrain and the threat they will face. For example, the deploying vehicles have been specifically selected to address these singular and challenging demands. There will be a number of vehicle types used for different tasks. They have previously been tested on operations and will include the Foxhound, Ridgback, Coyote and Jackal. When I read these, I wondered whether we were talking about a zoo, but we are talking about mechanical devices on wheels that will clearly be a very important support to our forces out in Mali. These vehicles have been chosen for a specific purpose. The analysis identified these types of vehicles as being most appropriate for the terrain and the tasks faced.

Our Armed Forces are professional and well trained. This is a United Nations mission, so they are under the command of Lieutenant General Gyllensporre, who is the Swedish commanding officer. I say to the noble Baroness that, yes, previous conflicts have identified the particular challenges of operating in difficult terrain—in coping with extremes of heat or cold—and lessons have been learned from that. I reassure my noble friend that our Armed Forces and their commanding officers are very mindful of that before asking troops to deploy to any region in the world.

[Lord Craig of Radley (CB) [V]]

My Lords, is the Minister aware that more than 200 MINUSMA troops have been killed and others wounded? This deployment to a faraway country of which we know little is risky. For the record, and to reassure the families and loved ones of any UK casualty, will the Minister explain why deploying in Mali fully justifies these acknowledged dangers to our forces? Have our rules of engagement been agreed with the UN force commander?

[Baroness Goldie (Con)]

The noble and gallant Lord raises a very important point. We very much hope our Armed Forces remain safe and that they will not come under threat of loss of life or of injury. He is right to inquire why they are there, what we expect them to do and how we expect them to do it. As I said earlier, this is part of our contribution to the security response. We recognise that security interventions alone will not address the instability in the Sahel and continue to advocate for state-led progress in the peace process in Mali. As I said earlier, that involves political and institutional reform in the wider region.

We believe it is very important the United Kingdom supports the United Nations in attempting to deal with this area of instability. It matters because if that instability is not addressed then it has an effect of contagion. Instability is a threat that can spread. It can allow hostile operators to flourish and can encourage them to take their unwelcome activities to other countries. That could include the United Kingdom. There is an underlying purpose and we believe it is important that the United Kingdom supports the United Nations in this important mission.

I said earlier that the mission, being a United Nations mission, is led by a civilian—a special representative of the United Nations Secretary-General. The peace- keeping force element involves our own military and highly trained soldiers. Because it is a peacekeeping mission, and our forces are principally concerned with reconnaissance, this is clearly slightly different from an operation such as Operation Barkhane. But our force will provide critical capabilities at a vital time. MINUSMA was selected as a mission on the basis that it was where the UK could provide maximum benefit based on the expertise the UK Armed Forces have to offer. I reassure the noble and gallant Lord that this is a carefully constructed contribution from the UK; it is for a specific period; it involves an identified, set number of personnel; and it is a contained contribution.

Covid-19: Military Operations and Support

Debate between Lord Craig of Radley and Baroness Goldie

Thursday 10th September 2020 Lords Chamber

[Baroness Goldie (Con)]

I thank my noble friend for her tribute to the Armed Forces; it enables me to put on the record my absolutely unbounded admiration for all they have done in the most extraordinary circumstances, displaying the very best of our defence professionalism. We all owe them a huge vote of thanks. They displayed throughout the United Kingdom —not just in England but in the devolved nations—their skills of logistical planning and strategic advice. I am very grateful to my noble friend for bringing attention to the report to which she referred.

[Lord Craig of Radley (CB) [V]]

My Lords, in order to observe social distancing, were service personnel required to vacate their accommodation and expected to sleep elsewhere? What steps were taken to cancel accommodation costs and refund inevitable transport costs for those so instructed?

[Baroness Goldie (Con)]

I will have to undertake to write to the noble and gallant Lord with a more specific response. I can say that, in general, arrangements were made for isolation and that these arrangements were flexible depending on what was best for the individual involved. Obviously, we adhered to the rules in the same way as we would for any other UK citizen, with appropriate modification to take account of the atypical accommodation often found in defence. I shall write to the noble and gallant Lord with further detail.

Covid-19: Security Risks

Debate between Lord Craig of Radley and Baroness Goldie

Tuesday 19th May 2020 Lords Chamber

[Baroness Goldie]

I am unable to comment specifically on the role of the United States; I am here to answer questions on behalf of the United Kingdom Government. I reassure your Lordships that the United Kingdom Government have been engaged closely with NATO. I refer to some of the tasks that we have undertaken, and we are currently reviewing additional requests for support from the EADRCC for Albania, North Macedonia, and Bosnia and Herzegovina.

[Lord Craig of Radley (CB)]

My Lords, NATO’s Rapid Air Mobility initiative, RAM, was activated by the North Atlantic Council on 31 March to help the movement of supplies critical to combating Covid-19. Have many flights by RAF transport aircraft been made in support of RAM? Were last month’s RAF A400M Atlas transportations of personal protective equipment from Turkey to the UK some of these RAM flights?

[Baroness Goldie]

We have not used the Rapid Air Mobility initiative at all, so the Turkish flight was not one of these flights. However, we have deployed our assets to respond to NATO requests.

Armed Forces Act (Continuation) Order 2020

Debate between Lord Craig of Radley and Baroness Goldie

Monday 16th March 2020 Grand Committee

[Baroness Goldie]

My Lords, I thank all noble Lords for their contributions, which have been very helpful. To some this might seem to be a routine and almost ritual debate, but underneath it are very important issues, as all contributors have indicated.

The points raised by the noble and gallant Lord, Lord Craig of Radley, were interestingly echoed by the noble Lord, Lord Tunnicliffe, in his final point. These are very important issues. Your Lordships will be aware that the Government have been concerned about the position in which members of our Armed Forces find themselves placed when in a situation of conflict. They take action that they deem to be proportionate and necessary, yet they have not been sure that they can return home without recriminations following, which might be either criminal law prosecution or civil law action for damages. The Government take that backdrop very seriously because when we ask men and women to undertake service in the name of the country, and frankly to expose themselves to situations and do things that many of us are not required to do, we are asking a very great deal of them. The least we can do is try to reassure our service men and women that when they act in the interest and under the orders of our national direction, we value what they are doing and we wish to try to protect them.

Your Lordships will be aware that last year we carried out an extensive consultation on overseas operations focused on three proposed measures that the Government want to take: a statutory presumption against prosecution; a proposal to consider the creation of a new partial defence to murder; and a proposal to restrict the court’s discretion to extend the normal time limit for bringing civil claims for personal injury and/or death in relation to historical events outside the United Kingdom. I am pleased to inform your Lordships that the Government will very shortly introduce a legislative package to ensure that our service personnel and veterans have access to the legal protections that they deserve. That legislation will build on the consultation held last summer on proposed legal protections and measures for our Armed Forces personnel and veterans who have served in operations outside the United Kingdom.

The noble and gallant Lord, Lord Craig of Radley, specifically raised the issue of Northern Ireland. That will be dealt with in a separate Bill—a Stormont Bill—which will seek to replicate the same types of protections that we are trying to achieve. I hope that reassures your Lordships that something is likely to come before Parliament imminently.

[Lord Craig of Radley]

Just to be absolutely clear in my own mind, are we talking about legislation? The noble Baroness has talked about giving the Armed Forces assurances, but I think she just said that there will be legislation. I want to make sure that we will legislate and that this is not just about assurance.

[Baroness Goldie]

I can reassure the noble and gallant Lord that, yes, I said that we will introduce a legislative package and that is what we will do. The legislation has been drafted and will imminently come before Parliament. As I say, I hope that that offers reassurance.

The noble Baroness, Lady Smith of Newnham, raised a number of very interesting points. She specifically asked what will happen if Parliament is prorogued when, for example, an SI might be needed to renew the operation of our Armed Forces. We are dealing with extraordinary circumstances, the extent and impact of which are probably not yet quantifiable. There is an assumption that Parliament will sit. There is a recognition that the parliamentary process, particularly in a time of crisis, is extremely important. I want to reassure her that every effort will be made to ensure that the parliamentary process can continue in one form or another. She is absolutely right to say that there are consequences to Parliament being prorogued which could be very grave, and therefore every effort will be made to ensure that, whatever legislation is required for essential purposes, some mechanism will be found to make sure that that is addressed.

The noble Baroness also asked about the current pressures on the MoD, particularly in relation to the Covid-19 pandemic. I assure her that arrangements are in place for Defence to provide support to civil authorities if requested. We are working hard to identify where we can best provide support. At this time, there are no immediate plans for any large-scale deployments of the military to assist with public services, but we do stand ready to assist if requested to by other government departments. It goes without saying that we will continue to maintain the delivery of our key operations and outputs, such as the continuous at-sea deterrent and overseas operations.

War Widows’ Pension

Debate between Lord Craig of Radley and Baroness Goldie

Tuesday 25th February 2020 Lords Chamber

[Baroness Goldie]

I thank my noble friend for her question—I am beginning to feel a formidable array of onslaught opening up before me. I also thank her for her invaluable role as president of the War Widows’ Association. The department is very anxious to continue a dialogue and to continue to hear what war widows are experiencing. The noble Baroness, Lady Crawley, referred to data, which is notoriously difficult to quantify. No one has the data but the association might now be able to pinpoint more accurate information. Anything that adds to our aggregate knowledge will be welcome. I say to my noble friend Lady Fookes that the Central Advisory Committee on Compensation, chaired by the Minister for DPV—which covers service charities, including the War Widows’ Association—is meeting tomorrow. I very much hope that the association will use that forum to make plain the strength of views that I am detecting clearly in the Chamber today.

[Lord Craig of Radley (CB)]

My Lords, the Minister is relying on the usual excuse of no retrospection. I remind her that in the 1980s an award was given to widows. It was deemed to be an award and therefore did not get caught by retrospection. Perhaps she could see whether such an approach could be used on this occasion.

[Baroness Goldie]

I thank the noble and gallant Lord for that helpful contribution. I am unaware of that situation but I undertake to look carefully at what he has said and to have it explored.