Armed Services: Claims

Debate between Lord Craig of Radley and Earl Howe

Thursday 24th November 2016 Lords Chamber

[Earl Howe]

I am grateful. However, to clarify this point, the Challenger case mentioned by the noble Lord turns on training rather than procurement, but the important point here is that no one now knows the extent to which military decisions may be questioned in court. That is the problem the Government must, and will, address. I also suggest that combat immunity is a real problem. We have three major cases progressing through the courts at the moment, and many others are stayed behind them. Therefore, to suggest that this is only a minor issue involving one or two people is incorrect.

The noble and learned Lord, Lord Hope, suggested that the Armed Forces compensation scheme should be made subject to statute. In fact, the scheme covers any claims made since 6 April 2005. It was made part of the Armed Forces Act of that year.

The noble and learned Lord, Lord Brown of Eaton-under-Heywood, suggested that one solution would be to reinstate Section 10 of the Crown Proceedings Act. I am hesitant about that solution. It is one of the options we have been looking at but it would be possible only under certain specific circumstances, and careful consideration would need to be given to the impact on service personnel. Certainly, I agree with the noble and learned Lord that such a step would not be sufficient on its own.

I also want to make it clear that we remain unequivocal in our commitment and duty to look after our Armed Forces and veterans, particularly those who are subject to investigation. What is more, we remain steadfast in our commitment to support those who face legal proceedings. In respect of the Iraq conflict, the IHAT is now making rapid progress towards its expected completion by the end of 2019—a point which Sir David Calvert-Smith affirmed in his recent review of the IHAT. Some 70% of the more than 3,000 allegations received have already been disposed of, the vast majority without the need to interview service personnel or veterans. I say to the noble Lord, Lord Touhig, that we are confident, based in part on Sir David Calvert-Smith’s report, that the IHAT will be able to meet the progress targets it has set. The IHAT’s workforce is comprised of Royal Navy Police and experienced former civilian police officers who are dedicated to conducting their investigations as sensitively and effectively as possible. The noble Lord, Lord Touhig, questioned whether three days was enough training on the conditions in Iraq, and said that perhaps Ministers were not briefed about the proceedings often enough. There is a balance to be struck here. Ministers absolutely respect the IHAT’s independence, but I am sure they will take full account of any recommendations the Commons Defence Committee makes on this matter.

I think the noble and learned Lord, Lord Brown of Eaton-under-Heywood, suggested that we are actively paying Iraqi witnesses to travel to interviews. I make it clear that the IHAT pays only travel and subsistence expenses and loss of earnings. That is essential if the necessary investigations are to proceed.

My noble friend Lord Robathan turned our attention to issues in Northern Ireland, and said very powerfully that something has to be done about prosecutions of veterans in Northern Ireland 30 or 40 years after the event. I very much share my noble friend’s concern that these legacy investigations must recognise that the vast majority of deaths in the Troubles were the direct responsibility of the terrorists. Northern Ireland would not be the peaceful place it is today without the tireless work and many sacrifices made by the Armed Forces.

The noble Lord, Lord Bew, also referred to issues in Northern Ireland, and in particular the soldiers from Bloody Sunday who face prosecutions, whereas the terrorists do not. The noble Lord will recognise that, as a Ministry of Defence Minister, I cannot comment on or influence possible prosecution decisions. I am sure that those who make such decisions will take due note of his words.

I shall of course write to noble Lords whose questions I have not had time to answer today. At the end of a debate of this kind it is right for me to conclude by reiterating my unwavering admiration for our Armed Forces. The job they do, protecting and defending our freedom, security and prosperity in often difficult and challenging circumstances, is second to none. In this spirit the Government are seeking to move forward and deliver their manifesto commitment to ensure that our Armed Forces are able to do their job effectively, safe in the knowledge that they have our full and unstinting support, and confident in our ability and intent to protect their freedoms when they return home.

[Lord Craig of Radley]

My Lords, the Minister mentioned bringing forward some further information about combat immunity shortly. Can he define “shortly”?

[Earl Howe]

I believe that I said “very shortly”, and I say that advisedly—it will be within the next month.

Defence Estate

Debate between Lord Craig of Radley and Earl Howe

Monday 7th November 2016 Lords Chamber

[Earl Howe]

The noble Lord makes a very good point, and I agree. It enables us as a department to commit to an enduring defence presence in Scotland through a number of programmes. As he is aware, we have now committed to building eight type-26 global combat ships on the Clyde. We are investing more than £500 million in the infrastructure and capability of the naval base at Clyde as it becomes the home of all Royal Navy submarines by 2020. We are investing in the expansion of RAF Lossiemouth, so that it will be home to at least one additional Typhoon squadron, as well as the maritime patrol aircraft. We are investing in concentrating some Army capabilities in Leuchars Station. That will improve access to suitable training areas. Across a whole range of projects, Scotland will benefit.

[Lord Craig of Radley (CB)]

My Lords, I have a couple of questions for the noble Earl. Generally, I welcome the Statement, but in repositioning units and so on considerable capital expenditure is incurred. Is it reasonable to expect that the amount of money from sales will be adequate to meet that expenditure as it occurs, and not fall to the Ministry of Defence to find additional funds early on in the hope of jam tomorrow? Secondly, runways are of course vital to the Royal Air Force and to any flying unit. With the reduction in the number of airfields, will there be sufficient runway availability when some runways have to be repaired and flying from that unit will have to stop? Finally, this presumably refers only to MoD holdings in this country, and not to holdings overseas.

Royal Yacht

Debate between Lord Craig of Radley and Earl Howe

Wednesday 26th October 2016 Lords Chamber

[Earl Howe]

My Lords, I do not want to give the impression that the Government’s mind is ever closed to good ideas. If a proposal comes forward for a royal yacht, from whatever quarter, and the business case is made, we will look at that constructively.

[Lord Craig of Radley (CB)]

My Lords, in that case, would the Government be interested in manning the royal yacht and what objections would there be to not having the Royal Navy do it?

[Earl Howe]

My Lords, the Ministry of Defence is clear that it cannot commit funding to a royal yacht, so any consideration would need to take account of how the financial outlay of the Royal Navy in providing a ship’s company could be recovered. That is a difficult issue.

British Servicemen: Vexatious Law Suits

Debate between Lord Craig of Radley and Earl Howe

Wednesday 19th October 2016 Lords Chamber

[Earl Howe]

My Lords, there is no contradiction. As the noble Lord rightly said, the vast majority of service personnel deployed on operations overseas have acted in accordance with the law and their training. However, where credible criminal allegations are made, we must investigate in accordance with our legal obligations. What we need to do is strip out the vexatious claims. That is why we are taking a range of measures, as I am sure the noble Lord is aware.

[Lord Craig of Radley (CB)]

My Lords, what combat immunity or other legal protection have the Government arranged for Armed Forces personnel currently engaged in armed conflict in the air or on the ground, in the light of the views expressed by the Prime Minister?

[Earl Howe]

As regards combat immunity, the Government have previously made it clear that we will not rule out legislating, which is being considered among a range of options. It has been suggested that we should simply reinstate Section 10 of the Crown Proceedings Act; that is one of the options we are looking at, but it would be possible only under certain specific circumstances. No plans are in train for any immediate change on that front.

RAF Red Arrows

Debate between Lord Craig of Radley and Earl Howe

Tuesday 13th September 2016 Lords Chamber

[Earl Howe]

I am grateful to the noble Lord. If one looks at the map of Farnborough and the surrounding area, it is easy to see how densely populated it now is. It simply is not possible to conduct a Red Arrows display without significant overflight of Farnborough, Camberley and Fleet. As I have explained, the decision has been taken by the Chief of the Air Staff that the potential risk to life from display flying over those areas, which I am afraid is inevitable given the extreme air manoeuvres that the Red Arrows undertake, could not be tolerated.

[Lord Craig of Radley (CB)]

My Lords, the decision about Farnborough whereby it is allowed to show formation flypasts but not formation aerobatics, would indicate that perhaps formation aerobatics carry some measure of risk. Can the noble Earl confirm that in making any decision about flights by the Red Arrows, there is never any question that there is a risk in their performance? If it is necessary to make a decision not to participate, would it not be better if the Red Arrows did not appear? It seems to me that an aerobatic team which does not perform aerobatics is of little use to the RAF or to the country.

[Earl Howe]

My Lords, I would not wish to give the House the impression that the decision taken in relation to Farnborough will apply to every other air show because each event is assessed on a case-by-case basis. There will be many shows and other events where the Red Arrows will continue to perform with an acceptable degree of risk, but that risk always exists and safety must remain the paramount consideration at all times. I am afraid that I cannot agree with the noble and gallant Lord about the Red Arrows remaining at Farnborough and performing a flypast. I think that the flypast was appreciated, as was the static display on the ground.

Armed Forces Bill

Debate between Lord Craig of Radley and Earl Howe

Thursday 3rd March 2016 Grand Committee

[Earl Howe]

I shall be glad to do so.

[Lord Craig of Radley]

My Lords, first, I thank all those who have spoken in this short debate. I made it very clear that my amendment was meant to be no more than a probing one, and I certainly did not expect the Minister to accept it as it was written or even close to what was written. But I am particularly grateful for the support that I have had for the thought behind what I was trying to get at, and I hope that the Ministry of Defence and the rest of the Government will continue to give this very close attention and not just park it as too difficult to deal with. It really does need to be dealt with. Meanwhile, I beg leave to withdraw my amendment.

Mental Health Services: Serving Military Personnel

Debate between Lord Craig of Radley and Earl Howe

Thursday 14th January 2016 Lords Chamber

[Earl Howe]

My Lords, there is no point in duplicating a service that already works very well. We work in close partnership with Combat Stress, which provides an extremely effective service, and, if necessary, signposts the individual to the right service according to need. There are helplines available for veterans as well, which we run on a 24-hour basis, but we do not see the need and there is no evidence that we should be looking at duplicating that service.

[Lord Craig of Radley (CB)]

My Lords, do the Government accept that, as a result of operations over the last decade and more, there are many more potential and actual mental health problems among serving personnel? The Minister suggests that this can be helped by charities, but what information is given to serving personnel that these charities are available? It seems to me that there is not enough information available to serving personnel on this issue.

[Earl Howe]

The noble and gallant Lord raises a very important issue. I do not believe that there is any shortage of information available. Personnel are given briefings and advice on whom to contact if they think they need help. These are reinforced by publicity material such as posters and leaflets in all unit primary care centres. Information is also available online on the MoD’s area of the GOV.UK website. Similar guidance can be found on the NHS Choices pages. I believe that there has been a significant improvement in the provision of this kind of information in recent years.

Armed Forces: Airborne Maritime Patrol

Debate between Lord Craig of Radley and Earl Howe

Thursday 4th June 2015 Lords Chamber

[Earl Howe]

My Lords, I emphasise again that this matter will be looked at very closely in the context of the SDSR—indeed, some preparatory work has already been done. I do not accept the noble Lord’s contention that we are without protection in this important area. We have the use of other military assets, as I said, including Type 23 frigates, submarines and Merlin anti-submarine warfare helicopters, and we rely on the assistance that we get from our allies and partners.

[Lord Craig of Radley (CB)]

My Lords, the Minister mentioned that some preparatory steps are being taken in the MoD. What date is the MoD planning for the introduction, assuming an agreement through the review that he mentioned?

[Earl Howe]

My Lords, I think that the noble and gallant Lord will accept that we must not leap ahead of ourselves too much. However, I can tell him that the capabilities required from a future maritime patrol aircraft have been studied by the MoD over the past two and a half years. The study has received representations from a number of defence industrial organisations, which have allowed us to understand better the nature of the platforms in existence, as well as the timeframe in which novel technologies are likely to mature.