Afghanistan: British Special Forces

Lord Faulkner of Worcester Excerpts

Thursday 14th July 2022 Lords Chamber

[Lord Selkirk of Douglas (Con)]

My Lords—

[The Deputy Speaker (Lord Faulkner of Worcester) (Lab)]

My Lords, I am afraid that the time for the Question is up.

Overseas Operations (Service Personnel and Veterans) Bill

Lord Faulkner of Worcester Excerpts

Consideration of Commons amendments
Monday 26th April 2021 Lords Chamber

[The Deputy Speaker (Lord Faulkner of Worcester) (Lab)]

We now come to the consideration of Commons reasons and amendments on the Overseas Operations (Service Personnel and Veterans) Bill. I will call Members to speak in the order listed. When there are no counterpropositions, as for Motions C and D, the only speakers are those listed, who may be in the Chamber or remote. When there are counterpropositions, any Member in the Chamber may speak subject to usual seating arrangements and the capacity of the Chamber. Any Members intending to do so should email the clerk or indicate when asked. Members not intending to speak should make room for those who are. All speakers will be called by the Chair. Short questions of elucidation after the Minister’s response are discouraged. A Member wishing to ask such a question must email the clerk.

Leave should be given to withdraw Motions and when putting the question, I will collect voices in the Chamber only. When there is no counterproposition, the Minister’s Motion may not be opposed. If a Member taking part remotely wants their voice accounted for if the question is put, they must make this clear when speaking on the group. Noble Lords following the proceedings remotely, but not speaking, may submit their voice—content or not content—to the collection of voices by emailing the clerk during the debate. Members cannot vote by email; the way to vote will be via the remote voting system. We will now begin.

Motion A

Moved by

--- Later in debate ---

There was a chorus of this view and that, at the end of the day, the Government have accepted that argument. As I have said, I believe it will protect the good name of British forces serving overseas and the reputation of this country and our legal system. I am, therefore, delighted that the Government will not oppose this amendment at the end of this debate. I beg to move.

[The Deputy Speaker (Lord Faulkner of Worcester) (Lab)]

My Lords, the following Members in the Chamber have indicated that they wish to speak: the noble Lords, Lord Campbell of Pittenweem, Lord Anderson of Ipswich and Lord Lansley. I call the noble Lord, Lord Campbell of Pittenweem.

[Lord Campbell of Pittenweem (LD)]

My Lords, I begin by congratulating my noble friend Lord Robertson of Port Ellen on leading the opposition to the original proposals contained in the Bill. He did so with great skill and persuasion. At the same time, I thank the Minister, who clearly listened avidly throughout the proceedings in connection with these matters. I think it is fair to say that she did not always give the impression of being enthusiastically in favour of the provisions of the Bill. The noble Baroness was brought up in the Roman law traditions of Scots law. In those circumstances, the expression “pacta sunt servanda”—promises have to be kept—will come as no surprise. I suggest that this remark should be reproduced above the desk of every policymaker in government. I am at some pains to understand who in the Government endorses proposals which are, prima facie, contrary to law. I say that not only in relation to the topics the House is discussing today but also drawing your Lordships’ attention to Part 5 of the internal market Bill in which this House and the other place were encouraged by the Government to create circumstances in which the Government could break the law without any adverse reaction. It seems to me that there is a unit of opinion—or, perhaps, some powerful policymaker—somewhere in the Government which does not appear to have sufficient understanding of the important fact that, for a country which argues as frequently as it can for the rules-based system, our ability to do so is substantially undermined if we are not shown to be adhering to that very system. If you want to preserve your reputation, you cannot play ducks and drakes with the law.

The Government may have been saved the consequences of the original provisions, but it is important to remember that, as the Minister and the noble Lord, Lord Robertson, made clear, they had excited the concerned interest of the United Nations and the International Criminal Court. The UK is a permanent member of the Security Council of the United Nations. How embarrassing would it be if it was thought that this country had departed from the provisions of the United Nations charter and conventions made under and in respect of it? As the noble Lord, Lord Robertson, pointed out, there was a discussion about whether the United Kingdom should join the International Criminal Court—I remember it. The balance of opinion was that it should and, if my recollection is correct, the United Kingdom was a founder member. How equally embarrassing it would be if, as a former original member of the International Criminal Court, the United Kingdom had to be brought before it.

There is a benevolent outcome in this matter, but it will take some time. We may have saved the Government from the consequences of the original provisions, but we will not save ourselves from damage to the reputation of this country. We should be very sure that, from now on, we will do everything in our power to make certain that that reputation is justified and, in particular, that our legitimate claim that we embrace the rules-based system on all occasions can be shown to be endorsed, not just in principle, but in practice as well.

Overseas Operations (Service Personnel and Veterans) Bill

Lord Faulkner of Worcester Excerpts

Committee stage
Thursday 11th March 2021 Lords Chamber

Amendment 22 withdrawn.

[The Deputy Chairman of Committees (Lord Faulkner of Worcester) (Lab)]

We now come to the group beginning with Amendment 23. Anyone wishing to press this or anything else in this group to a Division must make that clear in debate.

Amendment 23

Moved by

--- Later in debate ---

[Lord Thomas of Gresford (LD) [V]]

My Lords, this group is concerned with the total cut-off of the right to bring proceedings, as contained in the Bill. As I have said, this is unique in the British justice system and limited to claims arising from overseas operations. You could call it the cliff edge, the blank wall, or hitting the buffers. We are dealing not with vexatious claims but all claims brought against the Ministry of Defence, whether by members of Her Majesty’s Forces, by victims whose claims arise by breaches of the Human Rights Act, such as torture, or by families whose claims arise because someone has been killed or injured. What is the policy behind this blank wall?

It is noticeable that this Bill does not cover Northern Ireland. I should be very interested and surprised if, when a Bill involving Northern Ireland appears, there was such a cut-off—such a blank wall—in relation to claims arising out of those deployments. I imagine that there might be considerable controversy. If it would not apply in Northern Ireland, why should a soldier suffering from long-term trauma as a result of service there be able to apply to extend the limitation period, in an appropriate case, but a soldier deployed to Iraq should not? What difference could be drawn between innocent victims of brutality in Northern Ireland or in Iraq? Their ethnicity? Is this not where Article 14 of the Human Rights Convention would bite?

I cannot believe that this is a policy to save the MoD money. What Liberal Democrat would ever make the bold statement of the noble Lord, Lord Hendy, that it is to save “a few bob”? What worries me is whether it is fuelled by a concern to prevent reputational damage. British forces have an admirable reputation worldwide for fairness and exemplary behaviour. Allegations of brutal conduct aired in the courts would not help, but it is essential to our reputation that, where there is wrongdoing, it is confronted and punished. There should be no suggestion that we sweep things under the carpet. I hope that that is not what lies behind this blank wall preventing claims after six years.

There is certainly a public interest in finality, but there is also a public interest in justice. These amendments are brought forward to get rid of the blank wall and to put claims from overseas operations on the same footing as all other claims brought before the British courts and tribunals. I ask again: what is the policy behind these unique, blank-wall provisions? I beg to move.

[The Deputy Chairman of Committees (Lord Faulkner of Worcester) (Lab)]

The noble Lord, Lord Hendy, has withdrawn from this debate, so I call the noble Baroness, Lady Chakrabarti.

[Baroness Chakrabarti (Lab) [V]]

My Lords, once more I can only speak in complete support and admiration for the noble Lord, Lord Thomas of Gresford, and what he is trying to express in these amendments. The Minister pointed out that there is considerable consensus in this debate on the value of limitation periods and of finality. That is right, but he went on to say that the only difference between us is where the limitation lines should be drawn. That is, of course, not quite right. There is also an important difference of principle between us about whether there should be any residual discretion at all for the courts, in the interests of justice and to avoid terrible injustice, particularly in relation to these dangerous, complex, messy overseas operations.

Other noble and noble and learned Lords eloquently set out all the reasons why sometimes an absolute bar of six years, or even longer, would just not be enough. This is not necessarily because of the act itself, but because of causation, or because the condition means that someone has not been able to think about advice or damages, or, in the current landscape, they have not been able to get access to advice.

In the debate on the previous group, the noble Lord, Lord Faulks, I think, said that we should not worry too much because there must be finality, that we are really trying to bar these overseas victims and that a much smaller number of veterans would be barred. The first answer to the noble Lord is that there is no finality for someone suffering terrible and life-changing injuries or bereavement, who has had no access to justice because of what the noble Lord, Lord Thomas, described as “a blank wall” or an absolute time bar. For someone suffering in that way, be they a victim of torture or a brave veteran put in harm’s way by the very Ministers and department that now bar their access to justice, there will be no finality, just a great deal of continued pain and suffering.

The second point that I make to the noble Lord, Lord Faulks, is from the perspective of Article 14 and of human decency. It is particularly pernicious for a Government to send veterans to war and then to bar them from compensation after a particular, absolute point with no judicial discretion. In the case of terrible abuses of power, it is also wrong to have an absolute bar with no discretion for victims of torture or other abuses that sometimes take place in periods of conflict. Absolute rules without discretion, especially when they are imposed by Governments to protect government departments, are particularly unjust. Let us not continue with the canard that this is just about protecting veterans from the anxieties of giving evidence. It is not just about that. This is barring, in absolute terms, claims against the MoD from people who will, inevitably, include some veterans or people such as my noble friend Lord Hendy’s client, the bereaved mother of a veteran.

Armed Forces Act (Continuation) Order 2021

Lord Faulkner of Worcester Excerpts

Thursday 11th February 2021 Lords Chamber

[Lord Rogan (UUP) [V]]

My Lords, I acknowledge the almost ritualistic nature of this debate, which is required under the terms of the Armed Forces Act 2006. None the less, it offers this House a welcome opportunity to pay tribute to the brave service men and women who serve our country with honour, valour and skill. At a time when we are being urged to remain at home and stay safe because of Covid-19, members of our Armed Forces remain out front and in harm’s way across many different settings.

Last summer, in an interesting blog on his website, the Minister for Defence listed five examples of ongoing overseas operations involving UK military personnel. As the noble Baroness, Lady Goldie, alluded to, they included the Royal Navy ships stationed in the Gulf and the Indian Ocean; UK forces from all services based in Kabul, Afghanistan; a UK deployment forming part of the NATO presence in Estonia and Poland; Royal Airforce jets in Lithuania as part of NATO’s air policing mission; and UK troops engaged in UN peacekeeping missions and training operations.

More recently, when winding up the Grand Committee debate secured by the noble Lord, Lord Lancaster, the noble Baroness, Lady Goldie, who I am delighted to see is in her place today, informed your Lordships that more than 6,000 UK personnel were deployed on 39 operations in 46 countries. These are truly remarkable commitments for a country that some critics say has lost its place at the top table of global affairs. At home, we have all witnessed our service men and women playing an absolutely vital role in guiding us through the pandemic.

Last month, Robin Swann, the Northern Ireland Health Minister, announced that more than 100 medically trained military personnel were being deployed to the Province to assist local nursing staff on the wards. In normal circumstances, given the history of the Province, that might have been seen as a controversial move. However, in a statement which was somewhat unusual, to say the least, Sinn Fein publicly supported the decision. It added that

“any effort to make the threat posed by Covid-19 into a green and orange issue is divisive and a distraction.”

Since the initial lockdown last March, specialist planners, medics and logistics experts from across the Armed Forces have worked at the heart of the national COVID Support Force. Noble Lords will recall the remarkable job that UK troops did in building Nightingale hospitals around the nation. Within a matter of weeks, and sometimes days, sport stadiums, convention centres and entertainment complexes were converted into fully equipped, top-of-the-range community hospitals.

Later, when the UK Government finally got their act together to launch the national Covid testing programme, thousands of our military personnel were deployed at short notice to operate hundreds of mobile testing centres, which carried out hundreds of thousands of tests. Most recently, as the long-awaited vaccination programme began to roll out, it was again our highly skilled men and women of the UK Armed Forces whom the Government turned to. Not only have our service personnel been at the fore in distributing the vaccines to all four corners of the United Kingdom but many, as well as military veterans, have also been engaged in giving jabs to the public. I was also pleased to hear the Defence Secretary, Ben Wallace, say in another place week that UK Armed Forces had delivered thousands of doses of the vaccine to the Falkland Islands, Gibraltar and the Ascension Islands. He also provided an assurance that the Ministry of Defence stood ready to support vaccine delivery to all British Overseas Territories.

Given the vast array of activities and achievements that I have outlined, it is obvious that all members of our Armed Forces should expect the strongest possible support from Her Majesty’s Government, not just in terms of resources but in other areas. To that end, I look forward to delving deeper into some of these issues when the Armed Forces Bill is debated in your Lordships’ House later this year. In the meantime, I fully support the order before us today.

[The Deputy Speaker (Lord Faulkner of Worcester) (Lab)]

My Lords, the noble and learned Lord, Lord Morris of Aberavon, is not available at the moment, so I call the noble Lord, Lord Empey.

Overseas Operations (Service Personnel and Veterans) Bill

Lord Faulkner of Worcester Excerpts

2nd reading & 2nd reading (Hansard) & 2nd reading (Hansard): House of Lords
Wednesday 20th January 2021 Lords Chamber

[Lord Caine (Con)]

My Lords, the motives and purpose behind the Bill ought to be regarded across the whole House as unimpeachable. Our Armed Forces are the very best of us and they do a superb job to keep the people of this United Kingdom safe and secure in an ever-dangerous world. In return, they should command our respect and admiration, and enjoy our strongest possible support, not only in the tools they have to do the job we ask of them but through the legal framework in which they operate.

As the noble and gallant Lord, Lord Stirrup, made very clear, our Armed Forces should always carry out their duties to the highest standards of professionalism and integrity, and within the law, as the vast majority do. Where individuals fall short of those standards and in some cases act unlawfully, they should always face proper investigation and the consequences. At the same time, they should not have to act in a conflict situation fearful that at some unspecified point in the future they will be subject to spurious and vexatious claims or hounded by corrupt individuals, such as the odious Mr Shiner.

That is what the Bill seeks to address, and I look forward to the detailed scrutiny of its provisions in Committee and on Report. In this context, I too commend the paper published today by Policy Exchange entitled Ten Ways to Improve the Overseas Operations Bill, by Professor Richard Ekins and the former Northern Ireland Attorney-General, John Larkin QC.

In the short time I have today, I wish to focus on the one area not covered by this legislation and to explain why, importantly, it is right that it is not. I refer of course to Northern Ireland.

The purpose of the Bill is to protect service personnel deployed in military conflict or war situations. I am conscious that for many soldiers there is little distinction between the dangers they faced in Basra or in Belfast—a point made to me forcefully by the Veterans Commissioner for Northern Ireland, Danny Kinahan, in a conversation this morning.

However, there is a critical legal and political distinction between the two. Operation Banner in Northern Ireland was never an overseas military conflict or a war. The role of the Armed Forces was to provide support for the civil power in upholding democracy and the rule of law against a criminal terrorist threat in an integral part of our United Kingdom. To characterise it any differently or by referring to what happened in Northern Ireland as a conflict or, even worse, as a war, as some have done, risks playing directly into the hands of those who wish to rewrite history, legitimise terrorism and promote some kind of moral equivalence between those who upheld the law and those who sought to destroy it. These are things that the United Kingdom Government must always resist. We should avoid anything that allows former terrorists to justify past misdeeds or, indeed, helps dissidents to recruit today.

It follows, therefore, that Northern Ireland requires bespoke arrangements that give protections to former members of our Armed Forces and the Royal Ulster Constabulary while, at the same time, providing potentially better outcomes for victims and survivors. They need to reflect the fact that 90% of deaths during the Troubles were caused by terrorists, both republican and loyalist, and they must be consistent with the rule of law. I have always opposed amnesties or statutes of limitation that would have to apply equally across the board to include former terrorists—something that many of us would find absolutely repellent.

As noble Lords have pointed out, on the day that this Bill was published in March last year, my right honourable friend the Secretary of State for Northern Ireland issued a Written Statement setting out the Government’s latest thinking on legacy issues in Northern Ireland. Like other noble Lords, I wonder whether the Minister, in winding up, will be in a position to update the House on where we are with that process.

In conclusion, all of us who believe in the union, and indeed all of us in these islands who cherish democracy and the rule of law, owe those who served throughout Operation Banner—both the RUC and the Armed Forces—the most enormous debt of gratitude. As I have said on many occasions, they are the unsung heroes of the peace process, and it was their efforts—and, sadly, in too many cases their sacrifice—that provided the space for politics eventually to succeed in Northern Ireland.

We need to repay that debt but never in ways that, unwittingly or otherwise, undermine all that we stood for in ensuring that the future of Northern Ireland would always be determined by democracy and consent. So I fully support the fact that Northern Ireland remains outside the scope of the Bill as we give it its Second Reading, but I look forward to the Government’s proposals in due course.

[The Deputy Speaker (Lord Faulkner of Worcester) (Lab)]

The noble Lord, Lord Rogan, has withdrawn from the debate, so the next speaker is the noble Lord, Lord Hain.

Commonwealth War Graves Commission

Lord Faulkner of Worcester Excerpts

Monday 22nd June 2015 Lords Chamber

[Lord Faulkner of Worcester (Lab)]

My Lords, I am pleased to congratulate the noble Lord, Lord Forsyth, on securing this debate. I say at the outset that I agree with every word that he said about the Commonwealth War Graves Commission. The number of speakers in this debate indicates in what high regard the commission is held by Members of your Lordships’ House, and I am delighted to have this opportunity to say my own thank you to it.

I have two relevant interests to declare: the first as co-chair of the War Heritage All-Party Parliamentary Group and the second as a member of the Government’s World War I centenary advisory group. It is in respect of both those bodies that I want to speak this evening, because they are related to the Great War centenary. In 2013 the all-party group that I chaired started discussing with the Commonwealth War Graves Commission the possibility of mapping war graves in the United Kingdom—which the noble Lord, Lord Forsyth, referred to—to see whether there was a possibility of linking those to parliamentary constituencies.

The mapping was carried out by volunteers from the In From The Cold Project, and at the beginning of November 2013, all MPs and Peers received an email from Jeffrey Donaldson MP and me, as co-chairs of the group, giving access to a drop-box site from which they could source war graves by constituency or administrative area. Of the 650 constituencies in the UK, around 640 contain commission sites, usually located within cemeteries and churchyards. The remaining constituencies contain war memorials, and these were listed for the relevant MPs with the information taken from the Imperial War Museum database.

The data sheets provided the MPs with a means of accessing the war graves situated in their own constituencies, and provided a unique opportunity to assist constituents and to work with local schools and interest groups. We suggested a number of ways in which the MPs could engage with schools in their communities, such as schools selecting names on war memorials and linking them to casualties on the commission’s website in order to follow their stories. Schools could “adopt” a headstone, and trace the casualty on the commission’s website and through the Public Record Office. They could hold Remembrance Day services at commission sites, rather than just local war memorials. Sites with a cross of sacrifice or a stone of remembrance particularly lend themselves to that. Communities were encouraged to “adopt” sites that require maintenance. There are quite a number of those in overgrown churchyards.

An invitation was issued to Members to visit commission sites. That resulted in around 150 visiting the war graves in their constituencies, all of them accompanied by commission staff. We are about to start discussions with the commission about repeating the programme of visits, particularly for new MPs and also for Members of your Lordships’ House who have not already been.

My three minutes are up. I commend the noble Lord for having this debate, and the work of the commission.

Great War: Centenary Commemoration

Lord Faulkner of Worcester Excerpts

Tuesday 22nd March 2011 Lords Chamber

Asked by

[Lord Faulkner of Worcester]

To ask Her Majesty’s Government what plans they have to commemorate in 2014 the centenary of the outbreak of the Great War.

[Lord Faulkner of Worcester]

My Lords, I beg leave to ask the Question standing in my name on the Order Paper. In doing so, I declare an interest as chairman of the Parliamentary All-Party War Heritage Group.

[The Parliamentary Under-Secretary of State, Ministry of Defence (Lord Astor of Hever)]

My Lords, traditionally, we mark the anniversary of the conclusion of a conflict rather than its beginning. However, given the importance of the centenary of the Great War, it is likely that a number of anniversaries of key events from 2014 to 2018, including the beginning of the war, will be marked in an appropriate way. Government consideration of how such events will be remembered is in its early stages and we in the Ministry of Defence are in discussion with colleagues in other departments on this. Further details will be announced in due course, but I do not expect that this will be in the near future.

[Lord Faulkner of Worcester]

I am grateful to the Minister for that relatively reassuring Answer. However, I think that he will be aware that there is some concern among military historians and others that our planning is not as far advanced as it could be—certainly, not as far advanced as it is in Flanders, which has already announced an imaginative programme of events in both Belgium and the United Kingdom. Would the Minister be willing to meet Mr Kris Peeters, the Minister-President of Flanders, to discuss the Flanders Government’s imaginative proposals for a permanent, commemorative garden by the Guards chapel, which would be made up of earth from the battlefield of Passchendaele and whose construction would be entirely paid for by the Belgian Government?

[Lord Astor of Hever]

My Lords, while we commend any initiative commemorating those who died in the service of their country, outside the official commemoration to mark an individual’s final resting place the MoD does not have responsibility for erecting or maintaining memorials. It has long been a standing policy of successive Governments that the cost is usually met not from public funds but from private donations or public subscription. However, wherever possible my officials try to provide advice on proposed memorials. I understand that they have only recently been informed of the proposals that the noble Lord mentions but I assure him that the Household Division, London District, the Guards museum and chapel and the Defence Estates are very supportive, while I would of course be delighted to meet the Belgian Minister. Finally, I wish the noble Lord a very happy birthday today.