Advanced Research and Invention Agency Bill

Debate between Lord Craig of Radley and Lord Browne of Ladyton

Report stage
Tuesday 14th December 2021 Lords Chamber

[Lord Craig of Radley (CB)]

My Lords, I speak to Amendments 12 and 14 in the names of the noble Lords, Lord Browne of Ladyton and Lord Clement-Jones, the noble Viscount, Lord Stansgate, and myself. Noble Lords will be aware that a number of fields of modern technology and research are coming to rely more and more on mathematical sciences. When I gained my degree in pure maths at Oxford over 70 years ago, and for many years since, maths was seen largely as an adjunct to other fields of science and technology, but the world of digital—particularly of AI, machine learning, 5G and quantum computing—is now becoming mainstream. These diverse technologies rely very greatly on mathematics for help to find solutions and answers.

Mathematical sciences today are employed in many ways: from risk analysis of the use of driverless cars to the likelihood of collisions and how best to avoid them in space; from sifting with AI through large quantities of medical data to spot treatments for illness, to the best ways of introducing superfast broadband nationwide; contributing to security risk analyses, or delving into the more esoteric problems of known and unknown unknowns. Mathematical sciences feature in improvements that will benefit the lifestyle and health of wide cohorts of citizens and the esoteric work of astronomers unlocking the secrets of the cosmos. Analysing and predicting trends in the Covid-19 epidemic is another active field in which mathematical sciences play an important part.

The marginalisation and exclusion of mathematical sciences in government legislation prompts this amendment. For example, the 2004 guidelines on research and development limit the definition of mathematical contributions in research and development to the “physical and material universe”. Far from sticking to current definitions in this new legislation, is it not time to recognise the unique and growing contributions of mathematical sciences in the new digital age of AI, quantum computing and much, much more? The ARIA Bill is an ideal opportunity to do so and move on. The focus and capacity of the Bill’s provisions should explicitly embrace the mathematical sciences. These now include “blue skies” maths, which is sometimes referred to as a new form of “pure” maths.

My amendment is thus not a probing amendment; it is a simple and straightforward proposal to reflect the advances being made by mathematical sciences in the digital age. I challenge anyone to assert that this new agency will not be making use of mathematical sciences in its work. This Bill is an excellent opportunity to give the rightful recognition in statute to the key role of mathematical sciences in advanced research and inventions. I beg to move.

[Lord Browne of Ladyton (Lab)]

My Lords, I support the noble and gallant Lord’s amendments and have added my name to them. More broadly, I support the work of the London Mathematical Society and the Protect Pure Maths Campaign to emphasise the importance of mathematics alongside science and technology, not only to the whole STEM ecosystem but to the UK economy overall. The briefing that I have received from them estimates—I am sure this is correct—that mathematics adds more than £200 billion to the UK economy, which is nearly 10% of our GDP; and it is one of the top three subjects for graduate earnings. As the noble and gallant Lord explained, mathematics enables most of today’s exciting and urgent technological developments, including artificial intelligence, driverless cars, and the development of quantum computers and superfast broadband, as well as the modelling of the Covid-19 outbreak, underpinning national security, the finance sector and the rollout of vaccinations.

Mathematics is a British success story. If it gets recognition at this level from Parliament, I am certain that it will send a powerful and supportive message to young people across the country to consider mathematics as a career or for further study—and that can only be a good thing.

Overseas Operations (Service Personnel and Veterans) Bill

Debate between Lord Craig of Radley and Lord Browne of Ladyton

Committee stage & Lords Hansard
Tuesday 9th March 2021 Lords Chamber

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

My Lords, like the noble Lord, Lord West, I speak to Amendment 14. I strongly support this amendment. Torture, genocide and other crimes identified in the laws of conflict should never be subject to doubt that they are not fundamental to the way in which our Armed Forces are expected to operate, no matter how stressful or dangerous the situation they are exposed to on operations overseas. A dangerous ICC charge of not upholding such international law could arise.

Government reasoning for not including torture and war crimes, as is done for sexual crimes, seems to be that there might be some discernible range of tortures or crimes in the Geneva conventions which could be taken into account by the prosecuting authority—bearing in mind the stresses of active overseas operations—before reaching a decision to prosecute. If that is the case, surely it could be applied to consideration of a discernible range of sexual crimes, which the Bill seeks to eliminate from any consideration. Whether it is sexual crimes or torture, degrees of criminality surely can arise. If so, that should not be some explanation, reason or excuse for not prosecuting; neither should be singled out for different treatment. Torture and war crimes should be grouped with those of sex and treated as crimes always to be prosecuted.

[Lord Browne of Ladyton (Lab) [V]]

My Lords, I support Amendment 14 and have considerable sympathy for the other amendments in this group, so I will speak generally about these issues. Like all the previous speakers on this group, I believe that this Bill, as presently drafted, undermines our obligations under the Geneva conventions and the UN Convention against Torture, which explicitly require that serious international crimes, such as torture, genocide and crimes against humanity, are investigated and prosecuted. I am deeply concerned about this Bill because it promotes the growing, dangerous idea that the UK can simply set aside international obligations in law. Its entry into force will be yet more evidence of what Theresa May called the abandonment of the UK’s moral leadership on the world stage, and will add to the risk of more prolonged investigations of our Armed Forces, not fewer.

The Government have excluded a number of sexual offences listed in Schedule 1 from the scope of the Bill. During the Bill’s passage through the other place, the Government were asked on several occasions to explain why crimes such as torture and genocide remain within scope of the Bill, while offences of a sexual nature are excluded. In response, the Secretary of State and the Minister for Defence People and Veterans argued that violent and lethal acts are sometimes justified during combat, and these activities can expose service personnel to allegations of torture or other war crimes, whereas sexual violence can never be justified. The Minister repeated that explanation and expanded upon it at Second Reading.

I struggle to understand this explanation or to grasp why this distinction has been made. The best I can do is to summarise it in this way: the argument seems to be that the very nature of war or conflict justifies special rules to protect those engaged in conflict from allegations that they have breached the laws designed, sometimes solely but at least in part, to prevent just war and conflict from being used as an excuse for the perpetration of the most egregious crimes. This argument simply cannot be allowed to prevail.

The use of torture, like sexual offences, can never be justified. The legal definition of torture describes it in terms of the “intentional” or “deliberate” infliction of severe pain or suffering. In short, these acts are clearly distinct from legitimate use of force during combat. It is surely our duty to ensure that no British service personnel will be engaged in a situation which would put them at risk of credibly being accused of conduct meeting any of the relevant definitions of torture, genocide, crimes against humanity or war crimes.

In the event of a rare, credible allegation of such behaviour being levelled at British service personnel, they should be effectively investigated and, where there is sufficient reliable and credible evidence, prosecuted. That is my understanding of our obligations and what we should be seeking to support with no conditionality.

Ministers who deny that the triple lock will weaken our stance on such crimes dismiss these arguments with the rhetorical equivalent of a wave of the hand, even though a large and diverse coalition of military, legal and other experts have sustained their view that it will do exactly that. As your Lordships’ House has heard from every previous speaker, they can explain comprehensively why that is the case.

I have one final point and I make no apology that it is a point which has already been made by every one of the preceding speakers. What is effectively a de facto statute of limitations on the prosecution of crimes makes it much more likely that British soldiers will be prosecuted by the International Criminal Court, which acts only where countries are unwilling to prosecute their own citizens. The noble and learned Lord, Lord Hope of Craighead, explained very clearly at Second Reading and repeated today that this not only makes investigation and possible prosecution by the ICC more likely, but also subjects them to the possibility of such investigations and prosecutions by any number of other jurisdictions.

There are three very specific public warnings of the risks of investigation and possible prosecution by the ICC. In addition to the letter to Ben Wallace, which has been referred to on a number of occasions, the Office of the Prosecutor of the International Criminal Court warned that if a proposed presumption against prosecution were introduced, it

“would need to consider its potential impact on the ability of the UK authorities to investigate and/or prosecute crimes allegedly committed by members of the British armed forces … against the standards of inactivity and genuineness set out in article 17 of the Statute.”

The Office of the Prosecutor also stated in the final report Situation in Iraq/UK published in December 2020, that it will continue to monitor the development of the Overseas Operations Bill and its impact, and may revisit its decision not to take action against the UK for war crimes committed in Iraq in the light of new facts or evidence. The increased risk of investigation or prosecution by the ICC also applies in respect of other past and future overseas operations.

We should all, Government and Parliament, remember that we have a solemn commitment to our Armed Forces given on ratification of the Rome statute of the International Criminal Court, that no member would ever be at risk of appearing in The Hague. If this Bill in its present form becomes an Act of Parliament, it will be a deliberate breach of this commitment and the ultimate irony is that it will expose our armed forces in the future to long and possibly repeated investigations.