Armed Force: Constitution Committee Report

Lord Guthrie of Craigiebank Excerpts

Thursday 28th November 2013 Lords Chamber

[Lord Guthrie of Craigiebank (CB)]

My Lords, I first thank the noble Baroness, Lady Jay, for initiating this important debate and for the way in which she chaired the Constitution Committee, before which I appeared.

The power to send men and women abroad into a situation of armed conflict is one of the most important decisions a Government can ever take. In a democracy, it is surely desirable that decisions by Governments to use armed force should be taken extensively and substantially on the basis of thorough and accurate information made publicly available, and of candid and consistent explanation by Governments, fully involving Parliament in advice and decision. However, although it is highly desirable, can it be fully entrenched in our constitutional practice?

We should be cautious of letting the experience of Iraq, Afghanistan and Syria, which has undoubtedly given impetus to the debate, overinfluence our deliberations. Recent armed conflict has taken many forms. The background and run-up to the Korean War, Suez, the Falklands, the Balkans, Kosovo, Sierra Leone, Afghanistan, Iraq and, of course, Special Forces operations have all been different. Often, the nature of the conflict has quickly and dramatically changed, and the rules and objectives of our forces have had to be amended. What is certain is that, historically, it has not been easy to predict armed conflicts far in advance of hostilities.

The services want to know that the country is behind them before they are committed, that they are supported by Parliament and that what they are being asked to do is legal. Parliament’s stamp of approval is important, but Parliament must not run the risk of hazarding the lives of service men and women. Secrecy, security and surprise are critical to many operations and if, for instance, one day it became necessary militarily to pre-empt an enemy attack—which is not inconceivable—how would Parliament debate such actions in advance?

The deployment of a military force for armed conflict is complex and takes—as it did for Iraq or Afghanistan—considerable time. Of course, the very deployment before hostilities can be a deterrent in itself, but our current arrangements allow quick decisions to be made and we have been able to act quickly, often before the situation on the ground has deteriorated. As a member of NATO we are committed to aid other members who are attacked, and the United Nations charter mandates countries to undertake operations should the Security Council require them. As a signatory to NATO and UN treaties, we are expected to commit troops quickly when called on to do so.

We also have to recognise the difficulties that arise once a force is deployed. Circumstances change. Humanitarian and peacekeeping operations can suddenly become peace enforcement and develop into armed conflict. All four of these states can take place in a theatre at the same time. Deployments often lead to unforeseen consequences and mission creep.

Formal declarations of war have been described by some as an historical anachronism, and it is difficult now to see occasions when they would happen. I understand why many think that the royal prerogative being the legal basis for the Government’s war powers is an outdated state of affairs in a modern democracy. Having said that, it has not served the country all that badly over the years.

One should not legislate and have a statutory solution. Deployments vary so much and are accompanied by much uncertainty. One template would rarely work for all situations. I see the best solution as a formal but non-statutory convention. It should be necessary, whenever it is possible and sensible, to seek parliamentary approval for deployment before service men and women are committed, but there is a need for some flexibility and it would not always be wise or practical to debate prior to deployment, even though parliamentary debate and approval would be highly desirable. It would also be reassuring for the Armed Forces. I do not see it as particularly helpful for us to vote in the House, but it would be of immense value if we were to debate, preferably before the House of Commons had their debate, and were able to inform MPs and the Government of our views. There is much experience in this House that could be used.

If, for some reason, armed conflict or substantial deployments occur without Parliament’s approval, it would be important for Parliament to meet at an early opportunity to endorse the decisions that had been made. I also see a necessity for Parliament to watch and discuss the progress of a campaign from time to time, always bearing in mind the effect that such a debate would have on our troops in the field. It is almost inconceivable for the Prime Minister and Government to commit troops without thinking they had the backing of Parliament.

We should be concerned that parliamentary oversight could lead, unless we are careful, to pressure to debate how operations should be conducted. Parliamentarians are not qualified to do this and they must avoid micromanaging and taking tactical decisions. Those are the province of the commanders on the ground. In very general terms, the size of a deployment and the likely direction should be discussed. Those last two matters are notoriously difficult to predict, as they depend very greatly on the actions of the ill intentioned that are causing the problem in the first place. We are not in control of what the enemy’s reaction to us will be.

We must avoid an overly prescriptive solution and maintain flexibility. Slavishly following a statutory parliamentary procedure on every occasion, whatever the circumstances, could endanger the very people we are trying to help.