Strike Action

Lord King of Bridgwater Excerpts

Wednesday 7th December 2022 Lords Chamber

[Baroness Neville-Rolfe (Con)]

I have a great deal of admiration for Royal Mail. The way that it kept going and delivered all our mail through Covid, and has changed its operating model to do parcels and compete with others, is amazing. We are in touch with Royal Mail. It has well-developed contingency plans for strikes and will continue to do what it can to keep services running through December. We continue to monitor the dispute closely, and obviously urge people to post early for Christmas. There is a wider process of change within Royal Mail, and the noble Baroness makes some important points.

[Lord King of Bridgwater (Con)]

Is it not a tragic comment that the present situation in the railways appears to be that those who are putting in the pay claims will get 9% over the next few years but those on lower pay will get an extra payment as well? It may be that the union leadership is looking for another 1% or 2%, but is not the fact of the matter that, against that background, they are going to cause chaos and confusion for a huge number of people, a lot of whom earn a lot less than those who are going on strike? Must one not hope that, in the interests of their own industry, and the rail industry, the membership of the unions, and the RMT in particular, will show a rather more constructive approach than their leadership?

[Baroness Neville-Rolfe (Con)]

That is often the case; my noble friend is right. As I have already said, they were offered an improved deal. Obviously, negotiations are a matter for unions and employers, but we are clear that the dispute on the railways has gone on too long. We will continue to facilitate negotiations to reach an agreement that is fair: fair to workers, to passengers and to taxpayers. I think that upping the strikes over Christmas risks driving even more people away from the railways, at a time when passengers and businesses should be taking advantage of the festive period.

Parliament: Restoration and Renewal Project

Lord King of Bridgwater Excerpts

Wednesday 22nd July 2020 Lords Chamber

[Lord True]

My Lords, I never answer hypothetical questions. On the factual point, as I have said, this is a matter for the exclusive cognisance of both Houses.

[Lord King of Bridgwater (Con) [V]]

I welcome the statement by my noble friend the Minister that this is finally a matter for Parliament and not one for the Government to order. Knowing the obvious benefits of the two Houses working together in many fields, I hope that the Joint Committee which is investigating this matter recognises the importance of ensuring the closest possible co-location of the two Houses, and that in view of the problems caused by the pandemic, it seems quite unrealistic to try to move Parliament elsewhere in the country because it will be difficult enough to operate it even in our present locations.

[Lord True]

My Lords, a number of factors have been raised by noble Lords during our various exchanges of which I have taken careful note, and the considerations that my noble friend has put forward are among those. Indeed, they were alluded to in the Prime Minister’s letter, along with timelines, the effect on the work of Parliament and so on, which were specifically referred to.

Elections and Referendums: Foreign Interference

Lord King of Bridgwater Excerpts

Thursday 9th May 2019 Lords Chamber

[Lord Young of Cookham]

My understanding from the television is that the majority of the finance for the Brexit Party has come from relatively small donations, of some £25, to Nigel Farage. It is up to the Electoral Commission to supervise elections, to monitor the rules and to take necessary action if any of them are broken.

[Lord King of Bridgwater (Con)]

Does my noble friend recognise that it is no secret where a lot of this foreign interference comes from? The outcome of the presidential election in America and the referendum here gave no unhappiness at all in Moscow. Can I take it that the strongest representations are being made to the Russian Government that this conduct is unacceptable, we now know where it is coming from and we will watch it carefully?

[Lord Young of Cookham]

I am grateful to my noble friend. We have invested £1.9 billion in the national cybersecurity strategy for precisely the reason that he has outlined: to resist interference in the electoral process. Estimates of the reach of the Russians suggest that 105 accounts reached 16,000 people during the referendum campaign, in many cases simply amplifying arguments in circulation. The majority was 1.3 million. I honestly do not think that one can attribute that majority to the activity of Russian spooks.

Queen’s Speech

Lord King of Bridgwater Excerpts

Tuesday 24th May 2016 Lords Chamber

Moved on Wednesday 18 May by

[Lord King of Bridgwater]

, as amended on Monday 23 May

That an humble Address be presented to Her Majesty as follows:

“Most Gracious Sovereign—We, Your Majesty’s most dutiful and loyal subjects, the Lords Spiritual and Temporal in Parliament assembled, beg leave to thank Your Majesty for the most gracious Speech which Your Majesty has addressed to both Houses of Parliament, but regret that the gracious Speech did not include a bill to protect the National Health Service from the Transatlantic Trade and Investment Partnership”.

[The Minister of State, Ministry of Justice (Lord Faulks) (Con)]

My Lords, it is a privilege for me to open the debate on Her Majesty’s gracious Speech in which we will be considering the Government’s priorities on the matters of home, legal, constitutional and devolved affairs in the year ahead. Underlying all these priorities, I should emphasise, is our commitment to be a one-nation Government who seek to extend opportunity wherever they can and help everyone in this country reach their full potential.

I turn first to the Government’s legal business. The prison and courts reform Bill included in the gracious Speech is, above all, part of a comprehensive strategy to reduce crime. It will reduce reoffending by making prisons places of education and purpose and ensure that our court system is accessible and proportionate. There is no doubt that our prison system is in need of reform. Those who work in our prisons—prison officers, governors, probation officers, charity workers and volunteers—do so tirelessly to support the individuals in their care and address the causes of their offending, and yet the system they work in hinders, rather than helps, their commitment to rehabilitation. They have to deal with an ageing estate, elaborate and centralised rules and regulations and increasing levels of violence and self-harm.

Those barriers to rehabilitation are reflected in reoffending figures. At present, nearly half—46%, to be precise—of adult prisoners are reconvicted within one year of release. The Government must therefore act to reduce those figures, cut crime and make our streets safer. The public would expect nothing less. However, an effective criminal justice system cannot afford to ignore the evidence on the causes of crime. We know, for example, that prisoners come disproportionately from harsh and violent backgrounds. Around two-fifths of them observed domestic violence as children, nearly one-quarter were taken into care and 47% do not have a single school qualification. So there will be a new emphasis on rehabilitation, based on a belief in the innate worth of every individual. Offenders, the Government argue, should be seen not simply as liabilities but as potential assets—people who can redeem themselves and contribute fully to society.

To achieve that, we need to unlock the potential not just of those in prison but of those supporting them, giving those at the front line the freedom to pursue what works. We will start by creating six reform prisons, where governors will be given more freedom over budgets, staffing and their relationships with business and charities. The Bill will support the creation of new reform prisons and provide that they are independently run and legally separate from the Secretary of State. The lesson of other public service reforms is that greater autonomy generates innovation. By giving such freedoms to governors we will allow them to choose the best education, training, healthcare and security for their prisoners. Reducing violence and self-harm will be a high priority since a calm, orderly environment is critical to the opportunity to rehabilitate.

These reforms will also allow for better accountability. There will be comparable statistics for each prison on reoffending rates, employment on release, and levels of violence and self-harm. That is how we will identify successful innovations and replicate them. These new freedoms for governors sit alongside our commitment to replace 10,000 places in ageing and ineffective prisons with new establishments better suited to the needs of prisoners today, to be built with £1.3 billion of investment announced at the spending review.

We also need to make sure that our courts and tribunals are operating efficiently and effectively and are able to deliver a system that is just, proportionate and accessible. The Bill will make justice more accessible to users by digitising the courts and tribunals system, making our systems easier to use and built around those who use them, while supporting those who are digitally excluded. It will enable us to get cases out of the courtroom that should not be there, so that a judge and a courtroom are used only where necessary. Across all jurisdictions, trained case officers will carry out routine case management, and technology will help to progress cases more efficiently and resolve more of them online. This will make for a more efficient courts estate.

We are making our family courts more focused on outcomes. More collaborative problem-solving approaches will be used, promoting better outcomes for families in the public and private family courts. We are also continuing the drive to make it easier for disputes to be resolved through mediation.

I turn now to the rule of law and to a crucial aspect of it: human rights, here and abroad. The Government remain committed to human rights, but we are committed to reforming domestic human rights law so that we can have a system that protects people’s rights but also commands the confidence of the public. This country has a proud tradition of respect for human rights, which stretches back centuries—long predating, I should stress, the Human Rights Act 1998. With that tradition embodied in Magna Carta, the Petition of Right, the Bill of Rights, the Claim of Right and other statutes, this country has always been a beacon for liberty and democracy. Indeed, our rights tradition has been exported all over the world.

That continues today. The UK has played a key role in dealing with the human costs of the conflict in the Middle East. We have contributed £2.3 billion to the Syrian crisis since 2012 and have committed to taking in more than 20,000 Syrian refugees by 2020. We have transformed the fight against sexual violence in conflict, persuading more than 150 states to agree for the first time that sexual violence should be recognised as a grave breach of the Geneva Convention.

That commitment to human rights and civil liberties is matched at home. The coalition Government scrapped ID cards and cut pre-charge detention. This Government brought forward the Modern Slavery Act 2015. The Government were elected with a clear mandate to reform the UK’s human rights framework. I know that noble Lords have eagerly awaited our proposals for a Bill of Rights, and I hope they will not be waiting much longer.

Trade Union Bill

Lord King of Bridgwater Excerpts

Tuesday 3rd May 2016 Lords Chamber

[The Earl of Courtown (Con)]

My Lords, the noble Lord, Lord Kerslake, was not in the Chamber until well after the Minister had started speaking. I do not know whether the House feels that he should be allowed to speak.

[Lord King of Bridgwater (Con)]

My Lords, can my noble friend say whether I am right in thinking that there has been some change in the order of business? I was under the impression that there would now be an Urgent Question on health. I myself arrived late in the Chamber, and that ought to be taken into account.

[Baroness Neville-Rolfe]

In the circumstances, it would be right to hear the noble Lord, Lord Kerslake.

--- Later in debate ---

[Lord Cormack (Con)]

My Lords, I thank the Minister, as I do Mr Nick Boles for the very constructive part he played in another place. I just ask my noble friend to say something about the timescale.

[Lord King of Bridgwater]

My Lords, perhaps I may add to the comments of the noble Lord, Lord Kerslake, but, first, I also add my apologies for not being here when the Minister made her contribution. However, I think that some of us are entitled to an apology from whoever set out the business for today, as it has been taken in an order different from what we were previously advised.

I obviously apologise if my noble friend has already covered this matter clearly but I was very struck by the statement from the Minister, Mr Nick Boles, in response to a contribution from Mr David Davis, who has taken a keen interest in this matter. Mr Davis asked what assurance could be given about the outcome of a positive review. The Minister replied:

“I have made it clear that we have no objection in principle to e-balloting. If the research suggests that it is safe to embrace, we will proceed with it”.—[Official Report, Commons, 27/4/16; col. 1476.]

Interestingly, there was then considerable discussion about the Minister’s career prospects—whether it meant anything or whether it was merely the reflection of a Minister who was here today and gone tomorrow. He made it quite clear that he had made that statement on behalf of the Government and, regardless of who succeeded him, it was the Government’s position. It is to the Government’s credit that they recognise the validity of this argument. It is sensible to have a review and if it is positive, obviously there will be benefits in introducing it.

[Lord Stoneham of Droxford (LD)]

My Lords, I, too, must apologise for being a little late. I was brought up on the good trade union tradition that an agreement on procedure is an agreement, although clearly it was not this afternoon.

I want to add a couple of comments to the important speeches that we have already heard—particularly those from the Cross Benches—and to what the noble Lord, Lord King, said. We are seeking three things. The first is that the unions should be consulted as part of this review. Secondly, we would like to see some form of pilot as part of the review, bearing in mind that the Electoral Reform Services has conducted in the past year 2,000 polls and covered 1 million votes. There is a lot of experience out there, so this review does not actually need a lot of time. Therefore, our third requirement is that there should be some form of deadline. We are concerned that this will be heading for the long grass otherwise. The whole concept of electronic balloting is very important to the future of trade union democracy, not only for ballots for industrial action, but ballots for union leadership. Postal ballots were seen 20 or 30 years ago as essential reform, but now that turnouts in postal ballots are disappointingly low, we have to look at alternative methods of making such ballots more representative. Electronic balloting, as we have discussed in this Chamber, is now the next important reform. I hope the Government will exercise this review quickly and expediently and get a positive response.

--- Later in debate ---

[Lord Leigh of Hurley]

I am grateful for that clarification. The noble Lord, Lord Robathan, has explained how Ministers approach these problems. Sadly, again, I have never had the honour of being a Minister. That is most unlikely. I come from more of a business background and in business when one wants to get things done invariably there has to be an element of compromise. Like the rest of the House, I congratulate the noble Lord, Lord Burns, on achieving a compromise. How and why it was achieved we will perhaps never know but it has been achieved. We will end up with an opt-in. It will take longer than other people thought appropriate but it will happen. The suggestion of the noble Lord, Lord Burns, of the publication of the opt-in levels achieved is excellent and to be welcomed. On all those grounds, I welcome these amendments.

[Lord King of Bridgwater]

My Lords, I think we are in for a pretty bad couple of months, in which conspiracy theories will abound and suspicions of motives will arise in every possible circumstance as we approach an interesting referendum. I notice the good humour in the Chamber today. I think that if these amendments had not been tabled, there might be a very different atmosphere indeed. I agree very much with what my noble friend Lord Forsyth and the noble Lord, Lord Cormack, have said.

Democratic power has to be used with discretion and responsibility. The noble Lord, Lord Whitty, referred to this, and I agree with aspects of what he said. I was worried about the way that the Bill, as originally drafted, was going to go. Whatever discussions there were in government and in another place when the amendments came forward and were considered, I hope that there was a bit of historical memory in them—I think that there was—because we have been here before.

I was there in 1984, when it was proposed that we would do something about opting-in. I do not think that I am breaking a great confidence if I tell the House that the noble Lord, Lord Jopling, who was then the Chief Whip, had an interesting discussion with the Labour Chief Whip of that time, Michael Cox, who some may remember. They were arranging the business, as Chief Whips do, in those awful usual channels. There was agreement and compromise at that time in the Session. Then the issue came up about opting in—and the message was delivered quite simply and clearly: “If you do that, there will be war”. That was because it is an essential problem of political funding, with which all parties have problems, that the trade union contribution is massively important to the Labour Party. A sudden change in that would have significantly affected the balance and would have seemed, to many eyes, to have been a pretty unfair action and maybe an abuse of majority political power at that time.

It was against that background that such a proposal was put forward. When we considered it in the Bill that became the Trade Union Act 1984, Mr Len Murray came to see me for the trade unions and we discussed the issue. He had previously had discussions with my predecessor and noble friend Lord Tebbit, who one could not call a soft touch on these matters. But my noble friend made it clear that if the Trades Union Congress wished to put forward alternative proposals, he would be prepared to consider them. It fell to my lot to consider those proposals. We agreed that we would not proceed with the opting-in proposals, on the strict understanding that actions would be taken by the TUC and all affiliated unions at that time. That is why I agree very much with the last comment of the noble Lord, Lord Burns, because we are where we are now. I support the actions in respect of new members coming in. That is an important step forward which did not exist before. We were not able to arrange it or go forward on it in my time; maybe we should have done.

I would like to read part of the statement that Len Murray—Lord Murray, as he was subsequently—gave when he came to see me and exchanged correspondence. He gave me a copy of the statement of guidance to the trade unions. It said:

“Following discussions between the TUC and the Secretary of State for Employment, the General Council have prepared the following Statement of Guidance on good trade union practice in respect of political fund arrangements and related matters for use by affiliated unions. Unions are asked to review their existing procedures as soon as possible to ensure that this guidance is acted upon”.

That guidance was satisfactory to me and to the Government because it made it clear that every affiliated union had given an undertaking that it would make sure that all its members were properly informed of what their rights were in these matters. The guidance ended with the statement:

“It is particularly important that unions’ procedures avoid the possibility of members being unaware of their rights in relation to the political fund or being unable to exercise them freely”.

On that understanding and on behalf of the Government, I agreed not to proceed with introducing changes to the situation on opting-out or opting-in.

The disappointment for me in the discussions on this Bill is to discover that only a very small number of the unions which were affiliated to the TUC ensured that the undertaking given to me on behalf of them all was actually carried out.

[Lord Lea of Crondall (Lab)]

My Lords—

[Lord King of Bridgwater]

If I may just finish this point, I will then give way to the noble Lord. What I want to know is: has the TUC now repudiated that understanding or is it agreeing that it stands? In the light of the amendment which the Government have agreed to, which deals with new members, will the position of existing members be exactly as encouraged by the noble Lord, Lord Burns? Will it ensure that the undertakings given to me are honoured and that people are aware of that undertaking?

[Lord Lea of Crondall]

My former noble friend Lord Murray of Epping Forest was a man of great integrity. One of his straplines or catchphrases was, “We always deliver what we say we will deliver”. That was true of prices and incomes policy through the 1960s and 1970s. I challenge anybody to contest that point. It was not that there were no difficulties but, when we said that we had agreed something, we delivered. That was the first thing which Len Murray always said.

On this matter, my noble friend Lord Monks pointed out something that has never been refuted. He drew attention to this matter and the fact that there had been no complaint on it until it was suddenly dragged up in this House in relation to the Bill. If the Government had had evidence of this matter along these lines, the first thing that they should have done was to get in touch with the TUC and say that they were concerned about it. Did they get in touch with the TUC? No, they did not. I think that there are some crocodile tears here from the noble Lord, Lord King, who does not normally go in for such point-scoring. I ask him to be a bit more careful about the implications of what he says about the TUC’s actions on this matter.

[Lord King of Bridgwater]

I make it clear straightaway that I had the greatest respect for Lord Murray—Len Murray, as he was—and had extremely good relations with him. But I am grateful to the noble Lord, Lord Lea, for making the point that this should be honoured. If there is evidence that it has not been honoured, it will obviously be a concern for responsible people in the TUC to see that it is. As I understand it, the noble Lord is saying that in no sense has it been repudiated or has the TUC withdrawn that undertaking. My point today is simply about the giving of that undertaking. I agree with the noble Lord that the observance of it and the checking as to whether it was being followed seem to have been pretty slack. It is helpful this has been brought to the attention of us all and I hope that it can now be followed through.

[Lord Richard (Lab)]

My Lords, I am grateful to the noble Lord, Lord King, for his history lesson but, with great respect to him, I do not think it very relevant or apposite in considering this amendment. I really do not know where the House is going to on this. The noble Lord, Lord Forsyth, says that he agrees with it but then complains about the way in which it was done. I think that the noble Lord, Lord King, agrees with it but because of something that happened in 1984 he is not very happy with it. The Conservative Members who were actually on the committee disagreed with it—understandably, perhaps—because their view, which they expressed vigorously on the committee, was not upheld by this House and has not been upheld by the House of Commons. There is a certain amount of dispute on both sides but this really is a sensible compromise.

As an old Fabian, when I looked at this amendment and the difficulties that it is designed to deal with, the phrase which came to my mind was that of Beatrice Webb. She talked about the inevitability of gradualness. It seems to me that once you have established the principle that opting in is right for new members, the “inevitability of gradualness” principle will take over and, in due course, you will have a comprehensive opt-in. I suspect that it will be much sooner than a lot of people think. This is a sensible compromise and, for heaven’s sake, let us accept it.

[Lord King of Bridgwater]

The point that has been left out is the second half of what the noble Lord, Lord Burns, said, which was about opting in for new members but attention to right and proper communication with existing members.

[Lord Richard]

That is in the amendment. Of course there should be proper respect. Trade unions are being placed under an obligation to tell their members once a year. What more does the noble Lord want?

Trade Union Bill

Lord King of Bridgwater Excerpts

Monday 25th April 2016 Lords Chamber

[Lord Pannick (CB)]

My Lords, I, too, congratulate the Government on bringing forward this amendment. However, will the Minister accept that under the new provision it would be open to the employer not to enforce the relevant payments for whatever reason if they decide not to do so in the future in any particular circumstance?

[Lord King of Bridgwater (Con)]

My Lords, I add my voice to those congratulating both Ministers on the way in which they have handled the Bill, perhaps especially the last part, which could have been quite a contentious area. It has been approached in a sensible way, and invitations might flow to my noble friend Lord Balfe and others. I certainly second his last point that it would be in trade unions’ interest—as I have always believed—to be prepared and proud to invite members of all parties to their conferences. It would be in the interest of the country for all parties to have a progressive and constructive relationship with the trade union movement and British industry.

[Baroness Wheeler (Lab)]

I think that noble Lords will find that trade unions do invite people from all political parties to their conferences. I thank the Minister for explaining the amendments to Clause 14. The Opposition are happy that Amendments 8 and 10 reflect the discussion and agreement with Ministers on the future deduction of trade union members’ subscriptions from pay in particular, and reflect the importance of having the same choice as staff in the private and voluntary sector as to how they pay their subscription in the light of their work, their personal circumstances and their financial situation.

For us, the key points arising from the publication of both the facilities time and the check-off draft regulations are: first, the need for a full consultation on the regulations; secondly, the importance of the Minister meeting the TUC and other main parties, including unions and employers, to discuss realistic and achievable timescales for implementation; and, thirdly, for implementation dates to be viewed across the entire provision of the Bill in the light of the huge organisational, logistical and financial challenges that the Bill presents to trade unions, not just from the check-off and facility time provisions but from the Bill’s proposals on ballots, political fund changes and the role and powers of the Certification Officer.

Chilcot Inquiry

Lord King of Bridgwater Excerpts

Wednesday 1st July 2015 Lords Chamber

[Lord King of Bridgwater (Con)]

My Lords, does the noble Lord recognise that there is across, I think, all corners of this House total impatience with the present situation? We recognise the difficult position the Prime Minister is in, but while it is right to allow those who may be criticised in the report to have the opportunity to make representations and for those to be considered, in any consideration now and in any future arrangements for a commission of this kind there must be a limit on the amount of time that people are allowed to hold up publication of a report. This report is meant to provide an opportunity for lessons to be learned from what happened over Iraq. No lessons have been learned, a lot of years have gone by and further mistakes have been made.

[Lord Bridges of Headley]

My Lords, on the first point, I draw my noble friend’s attention to what Sir John Chilcot told the Foreign Affairs Select Committee in the other place. He said he had seen,

“no evidence … that anyone is trying to delay the publication of the report by holding out from responding or entering into argument about the Maxwellisation process”.

As regards the lessons we need to draw from this process, I am sure there will be very many indeed, but I humbly suggest that we do so once the report is completed.

Armed Force: Constitution Committee Report

Lord King of Bridgwater Excerpts

Thursday 28th November 2013 Lords Chamber

[Lord King of Bridgwater (Con)]

My Lords, I wish to intervene briefly. First, I congratulate the noble Baroness and her committee on what I think is an absolutely excellent report and on the way in which she introduced this debate. The report is certainly extremely timely, coming so soon after the recent debates on Syria that exercised us all.

I do not know why the Defence Council ever got involved in this. I never thought that it had any relevance to this problem, and I am not surprised that it was quickly dismissed. I certainly agree with the Cabinet role. I served in a war Cabinet, which then had to report to the formal Cabinet. I recall that at the time of the Falklands War, Mrs Thatcher went round every single member of the Cabinet to ask for their support for the action she proposed to take.

The role of Parliament and the support of Parliament, as the noble and gallant Lord said, are absolutely crucial. When I was involved in the first Gulf War, I used to go out to talk to the troops in the Gulf. It was hugely important for me to be able to say to our forces, “Not only is there support for you from the Government and the Prime Minister”—and I had a change of Prime Minister halfway through—“but there is enormous support from the people in the form of their representatives in the House of Commons”. That was extraordinarily important.

I think that the convention is a stronger element than some might give it credit for, although I will be interested to see whether the noble Lord, Lord Hennessy, who gave a most interesting speech, can find a resolution that can be drafted.

I have been thinking about the things that have happened since I had any responsibility in this area. We never had drones or conducted anti-piracy operations. We did not have counterterrorism. We had not had 9/11 by then, so there was not the need for the speedy reaction that the noble and gallant Lord referred to. We had not had cyberattacks. We had not had sanctions supported by military force or the threat of military force. Certainly, I never declared war, even though we were involved in an exercise in which we sent 45,000 troops fully armed and equipped to evict Saddam Hussein from Kuwait.

I do not know under what authority we set up something called Operation Provide Comfort. We had a United Nations resolution to evict Saddam Hussein from Kuwait—a country that he should not have been in—but at the end of that conflict, as some may recall, we found that he was attacking the Kurds in northern Iraq. We sent into Iraq a Marine commando unit and Tornados, based, I think, on a Turkish air base at Incirlik, and we conducted air patrols over northern Iraq. I am not sure under what authority we did that, but it illustrates exactly the point made by the noble and gallant Lord: things develop and you get mission creep, although mainly very desirable mission creep, and that has to be covered.

Against that background, I entirely understand why the Minister, in giving his evidence to the parliamentary committee and discussing Mr William Hague’s assertion that the necessity to consult Parliament would be enshrined in legislation, said that we had found that things were a bit more complicated—“a bit more complex” was, I think, the phrase that he used—than we had previously imagined. I agree with that very much. There are complexities and difficulties, and when our forces are put into “harm’s way”—an awful phrase—it is very important to ensure that their position is protected.

Noble Lords may be aware that I serve on the Select Committee that is looking at the operation of the Inquiries Act 2005. Yesterday we took evidence from a senior official at the Ministry of Defence whose job never existed in my time. He is head of claims, judicial reviews and public inquiries. This covers a whole range of activities in which we see the problems of our forces being faced with the threat of legal actions of one sort or another. In the brief and necessarily quick remarks that I will make, I will say that the noble Baroness’s committee came to the right answer.

I will make one further point. As was rightly said, this is a decision for the House of Commons; the House of Lords can only advise. Looking back to those debates on Syria, would it not have been a good thing if the House of Lords debate had been the day before, when the considerable experience of this House and the advice brought to the subject would have been available to the House of Commons? By accident, fortunately, the House of Commons prevented us going to war. I was highly relieved about that, as I made clear in my speech. That is one element that might be added to convention. Otherwise, the Government’s response is that they are now considering which way to proceed. I do not think that they need to proceed very far. We have the right basis on which to operate.

Syria and the Use of Chemical Weapons

Lord King of Bridgwater Excerpts

Thursday 29th August 2013 Lords Chamber

[Lord King of Bridgwater]

My Lords, it is a great privilege to follow the most reverend Primate, who has added further quality to what I think has been a most excellent debate in your Lordships’ House. I could not help reflecting on his point: that for all Saddam Hussein’s awfulness, a measure of religious tolerance existed in Iraq. If one talks about unintended consequences, it is worth remembering that Saddam Hussein had a Christian Foreign Secretary in the shape of Tariq Aziz. There would not be much chance in any of the countries I can think of in that region of such a position being thus held in future in the light of the changes that have happened.

It is common ground in this House that the use of chemical weapons was outrageous. It was an appalling crime, a war crime, a crime against humanity. That is where we start. The question is: what does that lead us to as a conclusion for what should be done? Yesterday, the National Security Council unanimously said, “We cannot stand idly by”. That is quite true, but neither should we rush in without due consideration. We should take every possible step to get United Nations agreement to any action that we take. William Hague, the Foreign Secretary, has said that if we cannot get United Nations agreement, we still have responsibility, but it is how we exercise that responsibility and from what position that concerns me very much.

I am much relieved by what I think to be a more considered and more stately, or steady, approach to the problem than appeared to be the situation a week or two ago. It seemed to me extraordinary after the success of getting Russia, for the first time in this area, to agree to United Nations inspectors going to establish the truth that there was apparently some proposal that we should launch a bombing attack while they were there. There were stories that that was proposed for between today and Sunday. The change of approach seems to me very sensible. There must be every effort to establish the facts: were they real chemical weapons? Questions have been raised about what category they were in, who did it and at what level it was authorised. Obviously, then, the report must come back and must be properly considered in the United Nations. Some have said that that will not do any good because they are not authorised to find out who did it, but let us at least wait to see what they say. Facts may well come out of it which make it pretty clear what the situation is.

If it is a full report and indicates clearly what is likely to have happened—I personally believe it almost certain that the Assad regime was responsible—that strengthens our position in the United Nations, it strengthens our position with the Russians, and we hope then to get a positive Russian response. On Ban Ki-Moon, I must say that there were shades of Hans Blix about his position when he was trying to call for proper consideration. I do not want to dredge up the Iraq invasion and the Iraq war again, but we know about Hans Blix’s difficulty in that situation.

To make a small military point, the threat of force is often a lot more effective than the use of force, which often only demonstrates the limitations on such action. It seems to me essential that if we in the end decide to take action, we can show that we took every possible step in the United Nations to try to get support as further justification because, across the world, we do not have great credibility on this issue. It is no good Vice-President Joe Biden standing up to say, “I am absolutely satisfied”. It is no good Secretary of State John Kerry saying the same: “I am absolutely satisfied”. Many of us remember a very good and honourable man, Colin Powell, being put in an impossible position in presenting evidence to the United Nations which turned out to be quite wrong. It is important that we start with that.

I would then wait to see—the issue has been raised by many—exactly what action can be taken that can precisely target the objective of removing any further threat of chemical weapons. I say that against a background. The noble Lord, Lord Jay, referred to the risk of a certain proportion of missiles going astray. I remember the first Gulf War. Some will remember that that was the first time that laser-directed bombs were used, with incredible accuracy. I still remember that marketplace where one did not go in the right direction and the number of innocent Iraqis whom we killed on that occasion.

I notice the number of people with military experience who have the greatest reservations about this, which should make us think. It should make us think for this reason, too: we are looking at a situation in this region that is as dangerous as one could imagine. It is not just about Sunni and Shia. There are splits within Sunni—there is Sunni, al-Qaeda Sunni elements and a whole range of different people. Somebody told me that this risks a conflagration that could stretch from Beirut to Mumbai. That is wrong. It could go from Mali to Mumbai. We need to look at the state of countries such as Egypt, the threat to Lebanon, Syria, the refugee problems for Jordan, Yemen, the whole area and the Gulf states themselves. Some of their rulers are very worried about the situation. We must be extremely careful, and we must also be careful because it is not without risks to our own country. The statement by young Muslims that car bombs are their cruise missiles threatened us previously when the Iraq invasion took place and when we were advised that there was not necessarily a great risk of terrorism in this country increasing. That was pre-7/7 and the problems that we had. We need to be very careful indeed before we take these actions. We must work as far as we can with the United Nations and use the wisdom, authority and responsibility of Parliament to take this decision. Parliament and Congress have a role to play in this situation.

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Lord King of Bridgwater Excerpts

Monday 10th June 2013 Lords Chamber

[Lord King of Bridgwater]

My Lords, do we not now face a much more dangerous world in which we know that certain organisations are determined to commit acts of terror against this country in a more positive and direct way than we have perhaps faced before? Combine that with an explosion in systems of communication which did not exist before, and the graphic illustration that the Minister just gave about London, Lagos and Aleppo, and there is a globalisation and dependence on other countries for intelligence. The front line in the defence of our country is intelligence. From my previous experience, I pay tribute—as has already been done—to those who serve in our intelligence agencies. However, the challenges they now face are very real, and protecting the rule of law and following the orders under which they operate against the threats that our country faces involve very high standards indeed.

The real core of this Statement is that we need the ISC. We have to have some impartial outside body, and it will not surprise the Minister when I say that we must preserve the credibility of the ISC. Sir Malcolm Rifkind and his colleagues, including two Members of this House, face a challenging job. A very serious accusation has been made and we must get to the truth about it. I have absolutely no criticism of Sir Malcolm Rifkind, and have fortunately been long enough out of post. In preserving that credibility, we have to watch that we do not appoint people who have just had ministerial responsibility for the areas that they may be asked to investigate. A continual challenge is ensuring that we have experienced people who can contribute to what is now a very important job for the ISC.

[Lord Wallace of Saltaire]

I thank the noble Lord for those comments. I am not sure that in some ways we are in a more dangerous world than we were in 100 or more years ago when international anarchist groups succeeded in assassinating the heads of state of two or three European countries. However, he is absolutely right about the explosion of communications and the speed of communications. The general increase in the educated population of the world means that, when you are looking for terrorist groups, you are not able to look for a small group within each city but are looking at a much larger number of possible suspects. That is why agencies have to adapt the way they look at these sources.