5 Lord Kirkhope of Harrogate debates involving the Ministry of Defence

Wed 15th Nov 2023
Wed 20th Jan 2021
Overseas Operations (Service Personnel and Veterans) Bill
Lords Chamber

2nd reading (Hansard) & 2nd reading (Hansard) & 2nd reading (Hansard): House of Lords & 2nd reading

King’s Speech

Lord Kirkhope of Harrogate Excerpts
Wednesday 15th November 2023

(1 year ago)

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Lord Kirkhope of Harrogate Portrait Lord Kirkhope of Harrogate (Con)
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My Lords, while we reflect on His Majesty’s first King’s Speech, it was the speech of my right honourable friend the Prime Minister at the Lord Mayor of London’s Banquet that really caught my attention ahead of today’s debate. In opening, he referred to foreign relations and stated:

“Events far beyond our shores echo here at home”.


That is undoubtedly true, but I believe that we must not neglect the events just across the channel, which undoubtedly have produced plenty of echoes here in the last few years.

His Majesty said little about our relationship with the European Union, our closest neighbour, still our largest trading partner and our major ally on the world stage. The absence of greater mention in both speeches demonstrates missed opportunities. The younger generations, who we know overwhelmingly support closer co-operation with Europe, are watching us. They are the future, and we owe it to them to rebuild a relationship with the EU that is dynamic, beneficial and forward-thinking, following our decision to leave the institutions of the union in 2016.

I warmly welcome the Government’s integrated review refresh, which, for the first time, has openly spoken of working with the European Union institutions again. I also welcome our participation in the European Political Community, which is a positive step towards fostering stronger ties with our neighbours but something that can never itself replicate the unified work we used to enjoy. Recently, we have witnessed a plethora of bilateral agreements and memoranda of understanding with individual EU member states, and even states within states. Although these have value and do something to restore trust between London and the other capitals, they can take us only so far. They will never be sufficient replacements for agreements with the EU as a whole. The Government need to show a readiness and willingness to engage with institutions of the European Union itself to reach new agreements and enhance co-operation. I welcome the appointment of David Cameron, my future noble friend, to his new role. He certainly has the necessary experience and skills to take this forward.

The current trade and co-operation agreement, although significant, must be just the beginning of a new chapter in our relationship with Europe. It is a foundation, but one that now needs to be built on. Of course, there is an obligation on us to conduct a thorough stock take of that relationship in 2025-26, so, as we prepare for that review, we must ask ourselves a question: are we really going to be content with what we have now and try to pretend that everything is fine and working well? I think not. We cannot do that, and that review presents us with a golden opportunity to redefine our ties with Europe.

For instance, we must build on the momentum established by the Windsor Framework, referred to by other noble Lords. We must be bold and proactive, not reactive, in our future approach to the EU. As a priority, there are lots of things that we can and could do soon. First, let us reach an SPS agreement, which in itself will significantly reduce barriers to trade by maintaining multilateral frameworks for human and animal health. Secondly, we should introduce a UK-EU youth mobility scheme to provide an opportunity for our younger people to live and work together in Europe, and, of course, to help to fill labour shortages in this country. Thirdly, professional and other qualifications should be recognised once more across both sides of the channel. These are just a few examples, and there are many more.

Our relationship with the EU has always been about so much more than just trade. In the face of global challenges, such as the Russian aggression in Ukraine and ongoing migration issues, it is evident that security and defence co-operation is of paramount importance. Once again, mere bilateral agreements, while useful, cannot replace the comprehensive co-operation that engagement at the EU level can provide and which provided us with comfort before. Perhaps the Government should revisit the political declarations made by previous Prime Ministers, which envisaged closer and more structured foreign and defence co-operation. We might sign an administrative arrangement, like Switzerland and the US, to join European defence projects at least on a case-by-case basis. Similarly, signing a framework participation agreement, as entered into by a number of non-EU countries, would lay strong groundwork for future collaborative engagements.

While the King’s Speech laid out a vision for the future, it is imperative that we soon address the gaps in our relationship with the EU. We must build a future that is prosperous, secure and beneficial for all, and which enthusiastically acknowledges and strengthens our long ties with Europe.

Military Vehicles: Repair

Lord Kirkhope of Harrogate Excerpts
Monday 4th September 2023

(1 year, 2 months ago)

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Lord Kirkhope of Harrogate Portrait Lord Kirkhope of Harrogate (Con)
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Will my noble friend comment on the interoperability of our equipment and munitions with those of other NATO countries? Historically, there have been concerns that we have been doing our own thing, as it were, and minimising the effect that we can have working together. Is my noble friend happy about the level of interoperability, and do we need to do more?

Baroness Goldie Portrait Baroness Goldie (Con)
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Interoperability is vital, particularly in an age when we see our MoD capability increasingly being used in alliance and perhaps less frequently on our own sovereign account. My noble friend is absolutely right: interoperability is vital. That is at the forefront among our allies, and we try to ensure that, with the equipment, we have that degree of engagement.

Ukraine: Ministry of Defence Strategy

Lord Kirkhope of Harrogate Excerpts
Thursday 15th June 2023

(1 year, 5 months ago)

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Baroness Goldie Portrait Baroness Goldie (Con)
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As the noble Lord will be aware, the UK is supportive of Ukraine’s accession to NATO. We think that is a very important step forward in relation to Euro-Atlantic security. As he will be aware, that is for the member states of NATO to determine, and it will be for them to determine whether any other criteria have to be taken into account.

Lord Kirkhope of Harrogate Portrait Lord Kirkhope of Harrogate (Con)
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My Lords, can my noble friend give us some more information about the very welcome meeting of the JEF in Amsterdam on 13 June? I congratulate my noble friend on the initiatives on behalf of this country to support the people of Ukraine, but can she let us know more about the air defence package that was agreed on 13 June and seems most helpful and most exciting?

Baroness Goldie Portrait Baroness Goldie (Con)
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Yes, I can provide my noble friend and the Chamber with some further information. This is a substantial package from JEF member states of £92 million. It will be procured through the International Fund for Ukraine and will be used to bolster Ukraine’s ability to protect its critical national infrastructure, civilian population and front-line personnel. The package will, for example, provide radars to help protect against indiscriminate Russian strikes, as well as guns and a significant amount of ammunition.

Army Foundation College: Welfare Inspection Regime

Lord Kirkhope of Harrogate Excerpts
Thursday 11th May 2023

(1 year, 6 months ago)

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Baroness Goldie Portrait Baroness Goldie (Con)
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The noble Lord refers to profoundly regrettable and utterly unacceptable incidents, but it is important to put the period of nine years to which he refers into a more specific context. First, the college, having learned from those earlier appalling incidents, has introduced important changes, reflected in the much-improved environment on which Ofsted commented so positively in its 2021 report. Secondly, the MoD has introduced new policies and changes to deal with sexual offences and unacceptable sexual behaviour below the criminal threshold. It has taken steps to improve the complaints system, has created the Defence Serious Crime Unit and has a zero-tolerance policy for sexual offences and sexual relationships between instructors and trainees. All of that now reflects a much-improved climate at the college.

I can confirm that the specific case to which the noble Lord referred was dealt with through the service justice system. The individual was found guilty of nine charges. He was sentenced to detention, reduced in rank and discharged from the Army. Sadly, we cannot ever eliminate the prospect of something unacceptable happening, but significant steps have been taken to try to reduce that possibility.

Lord Kirkhope of Harrogate Portrait Lord Kirkhope of Harrogate (Con)
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My Lords, I must admit that we in Harrogate are very proud of the work of this foundation college in training thousands of young men and women to serve their country in the military and, in the process, educating them both in general terms and in specific skills. Does my noble friend therefore agree that we should pay tribute to the hard work of the trainers, instructors and those who run the college, as well as to the young people who come out ready to serve this country?

Baroness Goldie Portrait Baroness Goldie (Con)
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I thank my noble friend for that clearly very knowledgeable assessment of what happens at the foundation college. I will simply repeat an excerpt from the Ofsted report:

“Recruits are emphatic about the high standards of care and welfare at AFC. They report that there is no bullying at the college and that they are confident that permanent staff would deal firmly and promptly with any incidents that may arise”.


My noble friend is right that the college enables people coming from a diverse variety of backgrounds, many of them disadvantaged, to learn skills and be provided with training and opportunities that will greatly assist them, not just in relation to a career in the Army but later on in life, because the Army is an engine for social mobility moulding young people like that to be the very best they can be.

Overseas Operations (Service Personnel and Veterans) Bill

Lord Kirkhope of Harrogate Excerpts
Lord Kirkhope of Harrogate Portrait Lord Kirkhope of Harrogate (Con) [V]
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My Lords, I first declare my interest as a practising solicitor and as the president of the West Yorkshire branch of the Soldiers’, Sailors’ and Airmen’s Families Association. No one could or has claimed that the issues bringing about this legislation are straightforward. One only has to look at the way it has progressed through the other place to recognise that there are many complexities, and the emotions which have been shown are a further indication of how much is at stake.

I support this Bill. It is a clear and timely attempt to find a way through. It acknowledges the vital and valued role of our Armed Forces in carrying out their duties to protect us and our values all over the world. It also acknowledges that being engaged on military operations is not like any other occupation. Fighting battles is both dangerous and testing. All those who do so need our support and gratitude. Sometimes the pressures of conflict inevitably result in behaviour which is outside the norms of civilian conduct, and when that results in unauthorised actions and other adverse results, it is perfectly proper to investigate it in a way that is appropriate and controlled, and to prosecute if necessary.

The international community has recognised the special features of conflict over the years. The Geneva convention, which has been referred to by many speakers, dates from 1929. It laid down requirements, especially for wartime prisoner treatment, and established the basis for the protection of civilians in a war zone. It was ratified by 196 countries and remains in effect. International humanitarian law is based on a series of accepted treaties which appreciate the legitimate use of force and is the basis for military operations. Abuse of those provisions can ultimately be brought to the international criminal tribunals.

Within the armed services there are clear codes of discipline and punishment and I would suggest, despite some noble Lords suggesting otherwise, that our country leads the world in maintaining those codes. I would submit that, with modifications, these should remain as the first base for our military engagements and would normally offer the right balance between our ability to take action and the need to avoid unnecessary suffering or abuse.

However, as other speakers have said, the complications afforded by the European Convention on Human Rights and the Human Rights Act 1998 are now matters which have had direct implications for this area. The two codes simply do not mix. Some noble Lords are, in my view, trying to confuse even further by trying to mix them. This has unfortunately resulted not only in confusion but, in some cases, great unfairness. The emergence of the so-called shocking “lawfare”, with bad and egregious lawyers trying to apply strict human rights law to conflict situations, has produced results which I do not believe are acceptable. Even the European Court of Human Rights, in the 2014 case of Hassan, accepted that any application of the convention should be respectful of the wider and more understood international humanitarian law.

Because no previous Government have effectively tackled these contradictions, large numbers of vexatious claims have been encouraged, which sadly have eclipsed some genuine and disturbing cases but which—based on the wrongful use of domestic legislation—have left service men and women in unfair jeopardy. The proposals in this Bill are rather modest, but necessary. Unfortunately, they cannot be retrospective, and I hope the Government will consider making amendment to ease the terrible burdens lying on the shoulders of some veterans.

I know some noble Lords are unhappy about the possibility of any derogation from the European Convention on Human Rights. I am, in general, a supporter of the convention and would certainly not wish us to abandon it or emasculate domestic application. However, I do not think that a specific derogation when we are engaged in conflict will be anything other than the proper course, and any derogation is a permissible step under Article 15, which refers to being

“in time of war or other public emergency threatening the life of the nation.”

Ultimately, anything we can do to clarify the responsibilities of our Armed Forces when engaged in warfare must be helpful. We owe it to those who risk their lives to protect us to offer them understanding and full support.