Armed Forces Bill

Debate between Lord Dannatt and Lord Faulks

Committee stage
Tuesday 8th September 2026 Lords Chamber

[Lord Faulks (Non-Afl)]

I too support this amendment. I took part in the debate initiated by the noble Lord, Lord De Mauley, in January 2020 when it appeared that the then Government were leaning towards adopting the recommendation that now appears from the Sullivan report. All the Back-Bench speakers on that occasion were against that course of action, with the possible exception of the Labour Front Bench, which did not commit itself one way or another. The only speaker who was cautiously in favour was the noble Baroness, Lady Goldie, who is normally a formidable advocate for the Government or any other cause. On this occasion, she acknowledged all the points that were made against the Government’s suggestion but nevertheless advanced some arguments in its favour. I wonder if her heart was really in it.

I look forward to hearing from the noble Lord, Lord Coaker, who we much respect, about the real advantages that will follow from this reorganisation—advantages which are supposed to compensate for the undoubted loss of the various links that have been so eloquently described around the Committee. In particular, I ask him to clarify whether there is any legal requirement to make this change. I suspect his notes will contain words such as “governance”, “accountability”, “assurance”, “transparency” and “public confidence”, but, stripping away the language, I need to be convinced that there is any actual legal requirement for a change of this sort.

I turn to the budget, which I think in the debate in 2020 was said to be £112 million. This is not a trivial sum, but when it is compared with the £333 billion-odd we spend on welfare and social security, it is. Is it felt that there has been some financial failure generally on the part of the organisations, apart from the changes which have been implemented from the Sullivan report? Is it considered better to have paid rather than volunteer participants in the organisation? How much will this increase expenditure? As has been said a number of times, how does this fit in with the devolution agenda? At the moment, although I do not in any way challenge the sincerity of the civil servants who have no doubt advised the Government that the change is for the better, I think the Committee needs persuading that the RFCAs’ unique characteristics are worth sacrificing on the altar of tidying up or centralisation.

[Lord Dannatt (CB)]

My Lords, I intend to speak to further amendments in this general area later today, and I do not wish to repeat the sensible arguments that noble Lords and noble and gallant Lords have already made as far as this matter is concerned. However, it seems to me that, with this fundamental series of changes, we are taking a pretty large sledgehammer to crack a nut. That nut is the Sullivan report of 2019, which itself has been largely attended to and many of the changes already made—so the sledgehammer is being applied to the wrong nut.

My greatest concern is that if these measures were to be implemented, the local character of our reserve and cadet forces would be changed beyond recognition, and the volunteering ethos on which they currently depend would itself go. Many noble Lords will know that since Covid many of our volunteering organisations have struggled to recruit further volunteers. I believe we would be putting a stake through the heart of our reserve forces and cadets associations, and their local character and volunteering ethos, if these measures were to go through.

Armed Services: War Crimes

Debate between Lord Dannatt and Lord Faulks

Tuesday 1st March 2016 Lords Chamber

[Lord Faulks]

I am happy to do that when I have the relevant information to hand.

[Lord Dannatt (CB)]

My Lords, given that there can be no blanket, technical explanation for these circumstances, is the Minister prepared to give an undertaking that where a soldier, sailor or airman acts in palpable good faith, there will be a presumption by the Government to stand with him and behind him in his defence against any action that might be taken against him?

[Lord Faulks]

The Government always stand behind our soldiers but to give a blanket undertaking like that would be exceeding my authority. With regard to battlefield immunity, which the noble Lord may be referring to, combat immunity remains part of the common law, although its contours are rather unclear at the moment, particularly in light of the Smith v Ministry of Defence case about the interrelationship of the Human Rights Act and that immunity. These are matters on which the Prime Minister and the Government are profoundly exercised.