Armed Services: Claims
Lord Robathan Excerpts(9 years, 5 months ago)
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Lord Robathan (Con)
My Lords, it is a delight to follow the noble and gallant Lord, with whom I studied at staff college—your Lordships will note that he had a rather more successful career than I did. I also defer to the high-price legal opinion that we have on both sides of the House and want to address this issue from the position of a practitioner, albeit a long-retired soldier, and of a politician with an interest in defence who spent three-and-a-half years in the last Parliament as a Minister in the MoD responsible for personnel.
I want first to look at the workings of military discipline in the chain of command and then briefly at the legacy in Northern Ireland, where soldiers have been pursued for political reasons. Finally, I want to see how we might improve the situation.
When I was a soldier some 30 years ago, military discipline was a great deal fiercer, but it was largely accepted by troops—everybody knew where they were, and they were all volunteers. It was not perfect; it was sometimes harsh and by 21st-century standards unjust, but it worked.
In today’s debate, I want briefly to cover the cases of Trooper Williams and Baha Mousa in Iraq. In 2004, a young man called Williams, 18 years old, found an Iraqi pushing a barrel-load of mortar bombs. He and a corporal pursued the man into a compound—they did not shoot him in the back, which they could have done—and Williams said that in a struggle, the corporal was having his pistol taken away from him by the Iraqi so he shot him. Who are we in this Chamber to dispute that story? He was charged under military law in front of his commanding officer and, with legal advice, the commanding officer dismissed the case.
However, the Adjutant-General at the time, conscious of feelings, wrote quite unacceptably in a letter—I quote it from memory—that Williams had to be charged again or it might become “a cause celebre for pressure groups”. I was quite unhappy with that when I discovered it. Kevin Williams, 18 years old, was kept in open arrest for a year and charged with murder in the civil jurisdiction—because he could not be charged a second time. When he went to the Old Bailey, the judge dismissed the case on day one.
Baha Mousa’s case was one of a disgraceful, appalling failure of discipline, but seven soldiers were charged. One was jailed for inhumane treatment and, quite rightly, the careers of several officers were ended without the need for subsequent inquiry.
In both cases, one of appalling misbehaviour, the military system had worked, however imperfectly. I put it to some of the noble and learned Lords in this Chamber that sometimes the civil jurisdiction does not work that well either. We did not need the ECHR to tell soldiers what was right and wrong, because they know—they are taught the Geneva Conventions, international humanitarian law and the law of armed conflict. The case of Sergeant Blackman is relevant, because in Afghanistan he knew exactly what he was doing and he actually said, “This is against the Geneva Convention”—although the eight years he received remains too long a sentence. However, he was tried by court martial, by military jurisdiction.
The Northern Ireland conflict ended in 1998. Many of the deaths and incidents there took place more than 40 years ago. There were 3,500 deaths, of which approximately 90% were caused by terrorist action. The other 10% were the result of police and military action in protecting the people of Northern Ireland, be they Catholic or Protestant, against terrorists—however imperfectly on occasion. One example where civil law was involved is the pitchfork murders in Fermanagh in 1972 which, as noble and learned Lords may remember, were covered up by a patrol. When that was discovered, the retired soldiers were brought to justice—quite rightly—and sent to jail. Where soldiers have been proved to have broken the law, they have been punished. I saw that myself in Northern Ireland.
However, the situation we now face in 2016 is disgraceful. For political reasons and under pressure from Sinn Fein, we now have the Legacy Investigation Branch of the PSNI, which is 70 officers strong and investigating 300 cases involving the military—which of course kept records—as its priority. Yet tenfold died because of terrorist activity. The Attorney-General for Northern Ireland ordered 56 coronial inquests and I am told that all bar one involve police or military actions. The Police Ombudsman for Northern Ireland is looking at historic complaints of police misconduct back in the Troubles. So the police and military are under the cosh yet they have always been judged by the law—often at the behest of former terrorists.
The last Secretary of State spoke in February of a “pernicious counternarrative” of the Troubles: opponents of the United Kingdom trying to rewrite them. The Stormont House talks of 2014 wanted to set up a proportionate inquiry unit, the Historical Investigations Unit, which would look at cases only where there was compelling new evidence and would have a five-year time limit to finish its work, starting with cases from the very beginning of 1969. Let me illustrate the current situation, briefly, with the case of Dennis Hutchings who, 42 years ago, shot a man dead. The Army and the public prosecutor investigated and the case was closed. The Legacy Investigation Branch of the PSNI undertook a cold case review and in 2013 decided to take no further action. The then Minister for the Armed Forces apologised to the dead man’s family—I was slightly surprised to discover that that Minister was me. Hutchings has now been charged with murder but his two comrades—his defence witnesses in the case—are dead. Is that justice? In all these theatres, we are often allowing our enemies and opponents to use our liberal values, which they oppose, against us.
The Government should fulfil their manifesto commitment, repeal the HRA and have a UK Bill of Rights—not to withdraw, as the noble Baroness said, from our moral obligations but to make things more fitting. I also back the noble and learned Lord, Lord Brown. We should reinstate something like prior immunity so that soldiers cannot sue the Crown for inadequate equipment because that is an entirely subjective judgment. Imagine the consequences of that 100 years ago with the Somme: it would have been a complete lawyer-fest. I am out of time, but I congratulate the noble and learned Lord on his excellent speech and for having this debate. I encourage Her Majesty’s Government to listen to the feelings expressed here and to take action so that our Armed Forces are effective in battle, able to act in the heat, dust and nightmare of it without worrying that lawyers in comfortable offices, be they in Strasbourg or the Strand, will later judge them to be criminals.
Royal Navy: Harpoon Anti-ship Missiles
Lord Robathan Excerpts(9 years, 5 months ago)
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Earl Howe
My Lords, the noble Lord paints a false picture of the Royal Navy, which for the first time in a generation is growing. We need to be aware of that. He asked a specific question about Harpoon. The current batch of Harpoon missiles we carry has now reached its natural end of life. To replace it would require significant investment in a new missile stockpile. It was the Royal Navy’s judgment that that would be a less than optimal use of its budget for future investment.
Lord Robathan (Con)
My Lords, when the coalition Government took office in 2010, the finances of the Ministry of Defence were in complete chaos, largely because of decisions made by the previous Government, including the buying of the two magnificent aircraft carriers that we all look forward to seeing in service one day. Although we had to make a great many cuts, would my noble friend take down to the Ministry of Defence the message from this House that perhaps, now that the situation has changed in so many ways, the Royal Navy and other services need a little more money spent on them?
Earl Howe
I am grateful to my noble friend. It is important to understand the larger picture, as I alluded to a minute ago. For the first time in many decades, the Royal Navy is growing in both size and capability. Its judgment was that investing in the carriers, the Type 26 Global Combat Ship, the new submarines and the offshore patrol vessels, as well a range of missiles and capabilities, rather than reinvesting in a 1980s weapons system, represented the right order of priority for the Royal Navy’s overall capability. That firmly remains its judgment.
Defence Estate
Lord Robathan Excerpts(9 years, 5 months ago)
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Earl Howe
My Lords, the department takes the provision of good service family accommodation very seriously. We are continuing to manage the improvement of the performance in this area of CarillionAmey, which is the contractor as the noble Baroness knows. At the end of May 2016, following what was called a “Get Well Plan”, CarillionAmey effectively passed with a performance that was markedly better than it had achieved previously: in the next generation estate contract, 29 of 30 KPIs met performance targets; in the national housing prime, six of seven key performance indicators met performance targets. We will continue to monitor closely the company’s delivery performance, working collaboratively with it, of course, to sustain and improve its performance. But the noble Baroness is absolutely right that we need to achieve value for money in this area. I believe that now we are nearly there, but CarillionAmey is under no illusions that it must maintain this rate of improvement.
Lord Robathan (Con)
My Lords, like the noble Lord, Lord Touhig, I too was responsible for the defence estate for a time in the previous Parliament. My question concerns not golf courses but the growing disconnect between the Armed Forces and the people of this country whom they defend. With the reducing footprint that my noble friend the Minister has mentioned, the Armed Forces have a tendency to retreat back into their barracks and away from the people they defend, so there comes a greater disconnect. Can my noble friend reassure me that this will not lead to the civilian population regarding the Armed Forces as a race apart?
Earl Howe
My noble friend makes an extremely important point—one that has been very much in our minds as we have taken these ideas forward. I will be quite open with him: it is a risk. The more that personnel are concentrated in fewer centres, the more that the population as a whole will feel disconnected from the armed services. Ways must be found, therefore, to prevent that happening. We can see routes through events such as Remembrance Sunday and the commemorations around that. We can see it through the charitable work of organisations such as Help for Heroes, and so on. It is something that we need to bear in mind as we go forward. As Minister with responsibility for community engagement, I can tell my noble friend that I receive regular advice on this very topic.
Russia: Baltic States
Lord Robathan Excerpts(9 years, 6 months ago)
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Lord Robathan
To ask Her Majesty’s Government what assessment they have made of Russia’s current strategic objectives in the Baltic states.
The Minister of State, Ministry of Defence (Earl Howe) (Con)
My Lords, Russia’s activity around the territory of our allies, including the Baltic states, is designed to test the responses of NATO members. As set out in the 2015 strategic defence and security review, Russia’s behaviour will remain hard to predict. Though highly unlikely, there is the possibility that it may feel tempted to act aggressively against NATO allies. Our response, with NATO and EU partners, includes promoting access to independent Russian language media, enhanced forward presence and air policing.
Lord Robathan (Con)
I commend Her Majesty’s Government’s robust response through NATO, although we should all be rather concerned about seeming paralysis in the United States because of the presidential election. Those of us who are old enough to remember the Cold War will view the actions of Russia with very real concern, be it the 2008 invasion of Georgia, the Crimean annexation, the intervention in Ukraine, leading to the downing of an aircraft by Russian missiles, the bombing of Syria and Aleppo and, of course, not one mile from here on the streets of London, the murder of Alexander Litvinenko. Given the increasingly aggressive posturing of Russia in the Baltic, does the Minister think we should perhaps revisit last year’s SDSR? Perhaps our response, to which he referred, should be to look to increase defence spending, not just in the United Kingdom but particularly across the rest of NATO.
Earl Howe
My Lords, my noble friend has made some very important points and he is right. The UK is leading the way in defence expenditure. We have committed to the NATO 2% target and, during this Parliament, a 0.5% real-terms increase in the defence budget. However, he is right that spending across the alliance is still too low. Having said that, the alliance is making good progress. There are now five allies spending 2% of GDP on defence, an increase from three before the pledge. Twenty allies have increased defence spending in real terms and eight have put plans in place to work towards reaching the 2% guideline for defence spending, which demonstrates a clear political will. The issue now is to translate the political will into actions.
British Servicemen: Vexatious Law Suits
Lord Robathan Excerpts(9 years, 6 months ago)
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Earl Howe
My Lords, we are acutely mindful of the impact of any allegations against service personnel, particularly veterans and their families. Where veterans are involved in processes that arise out of alleged actions during their service, we will provide legal support as necessary—regardless of the length of an individual’s service or the time that has elapsed since the events occurred. It is always possible for us to look at improving the way we support veterans—and indeed serving personnel—and we are happy to look at anything in that area.
Lord Robathan (Con)
But my Lords, is not the PSNI legacy unit pursuing soldiers who committed acts 41 years ago, the cases against whom have been dismissed on at least two occasions? This means that people in their 70s are being arrested and charged, yet the other people who were in their patrol are already dead and cannot give evidence for them.
Earl Howe
My noble friend makes a powerful point. We want to process expeditiously any such cases where there is credible evidence. That is why we are supporting the creation of the historical investigations unit, which will roll into one some of the functions of the ombudsman and the Police Service of Northern Ireland and create efficiencies in the process. The life of that body will be limited to five years, which should provide some assurance that cases will not be allowed to drag on.
NATO Warsaw Summit
Lord Robathan Excerpts(9 years, 9 months ago)
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Lord Robathan (Con)
My Lords, given the situation with Russia, is my noble friend aware whether relations between Greece and Russia were discussed, particularly given the reports—which I understand to be true—that Greece has recently signed an armaments deal with Russia whereby it will be making Kalashnikovs in one place or another?
Armed Forces Deployment (Royal Prerogative) Bill [HL]
Lord Robathan Excerpts(9 years, 9 months ago)
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Lord Robathan (Con)
My Lords, I welcome the Bill of the noble Baroness, Lady Falkner. I was surprised by how much I agreed with what she said, particularly relating to the circumstances of the August 2013 vote—I think she was pretty much accurate in what she said. However, the Bill, although well-intentioned, is in my opinion very unwise. I was glad to see emergency provisions in it but I want to address the argument from the other end, if I may put it that way.
No Government can take this country to war—and survive—without parliamentary and, by extrapolation, public support. I do not want to go back to Neville Chamberlain and the debate that led to his resignation but I want to raise three, now quite historic, events in which I had a little concern; I speak from my experience. The first is what was termed the Gulf War but is now termed Gulf I. I was in Kuwait in 1991. There was no vote, but there had been a long build-up to this Gulf war: there had been UN resolutions; there was a self-evident case for expelling Saddam Hussein, as an aggressive invader, from Kuwait; and there was, I suspect, broad support throughout the country and indeed in Parliament, although I also suspect that a lot of people did not know where Kuwait was, just that it was a small country a long way away of which we knew very little, or nothing. Nevertheless, it was a successful war—with no parliamentary vote.
The second Iraq war, or Gulf II as it is now called, in 2003—the noble Baroness led with the 179 fatalities from that war—paradoxically did have a parliamentary vote, with a huge majority of 263. I confess, I voted for it. Tony Blair made arguably the best speech I ever heard in the House of Commons in that debate. He was courteous, he was reasoned and he took interventions and arguments both from the Opposition and from the opponents behind him, of whom there were many. I have to say, it was extraordinarily impressive. We now know that beforehand, in September 2002, he had—I would say—misled the House of Commons with talk of the weapons of mass destruction that could be activated within 45 minutes and the so-called dodgy dossier. Nevertheless, his persuasive speech was fantastic; I think that the noble Lord, Lord Touhig, might have been there as well.
This is not the time to discuss the Chilcot report, but the war in Iraq had parliamentary approval and was, frankly, a disaster. There are now questions over its legality, notwithstanding the vote. I recall the late Charles Kennedy leading a march of some 1 million people against the war. Perhaps he and the noble Baroness were right. I voted for it because I believed that it was unfinished business from 1991 and that Saddam Hussein would continue to cause serious trouble in the region, and because I believed that he had weapons of mass destruction. Yet it was not the actual war that was the disaster; it was not the military campaign that took Baghdad—my noble friend Lord Attlee is nodding—but the aftermath, Paul Bremer and the disastrous lack of clarity over what was to be done afterwards that caused such an appalling tragedy. But there we are—that had parliamentary approval.
My third example, which, as I said, the noble Baroness, Lady Falkner, analysed rather well, is the vote on Syria in August 2013. At the time, I was Minister for the Armed Forces in the MoD and on the Monday of that week, before the House was recalled, I remember a headline in the Times—which I saw at Rugby station—that said, “Blair says we must attack Assad”. I arrived at my office and said, “Actually, if Blair wants to attack Assad, I certainly don’t want to”. However, I was then convinced by the briefings that I had on the intelligence and what Assad had been doing that perhaps I was wrong. We will recall that President Obama said that there was a red line and that, if Assad used chemical weapons against his own people, “we will take action”. Assad used them. Parliament was recalled for, as the noble Baroness so rightly said, a rushed vote—for reasons connected with, I think, supporting the Americans early, but it was rushed and mistaken. The Labour Party, in the morning of that day, had said that it would support the Motion, which had been changed to accommodate it, and then reneged on that deal. We had nine Liberal Democrat rebels, 30 Tories voted against the Motion and there were many abstentions. As a result, the UK—bound by Parliament—took no action. President Obama then, without his key ally, took no action. That action would have been against President Assad over his use of chemical weapons.
We now have Daesh, which, frankly, is rather a greater threat to us. Some might say, therefore, that it was a good idea not to bomb President Assad’s troops, but I disagree. It is the consequence of not doing so that is most worrying. The message has gone out: “The West will warn, but the West is not to be taken seriously”. Our enemies believe that and so, as the noble Baroness mentioned, does President Putin, who has since annexed Crimea and moved into Ukraine. Today, we have 600 British troops deployed to Estonia, because the Estonians are extremely worried about what Russia is doing on their border. Whether or not anybody likes to describe it as such, we have a new cold war on our borders, with visible Russian aggrandisement in Crimea, Ukraine and elsewhere.
Why did the Syria vote in August 2013 fail? One of the reasons one needs to understand is the public pressure put on MPs who may not be very well informed about the issues, for obvious reasons. They are emailed—these days, one gets endless emails, including from 38 Degrees and self-selecting pressure groups, which particularly influence some MPs in marginal seats. Did the Tories who rebelled know more about the chemical weapons than the Government? Because Members of Parliament are not in a position to be as well informed as members of the Government, I think we must leave such decisions to the Prime Minister and that we should trust her.
The current Prime Minister made a characteristically excellent Statement on the Chilcot report two days ago. He detailed the changes he has made, and I will mention them, if I may. He said:
“First, taking the country to war should always be a last resort and should only be done if all credible alternatives have been exhausted”.—[Official Report, Commons, 6/7/16; col. 887.]
Of course, we all agree with that. Sadly, Chilcot has found that that was not done. The Prime Minister talked about setting up the National Security Council, of which the Attorney-General is a member, and that is hugely important. He has appointed a National Security Adviser, which is again hugely important. However, he also said—this is very important because the Bill would tie the Prime Minister’s hands—that,
“just because intervention is difficult, it does not mean that there are not times when it is right and necessary”.—[Official Report, Commons, 6/7/16; col. 888.]
To back up the noble Baroness, the Prime Minister said that he supported the growing convention of having parliamentary approval, but I, like my noble friend Lord Attlee, do not. I note that the Government have said they will not bring that forward in legislation, whatever my noble friend Lord Hague said in 2011 or 2012. If the wrong decision is made about fighting, the Prime Minister and the Government—and, indeed, Parliament—will have to answer for it, but parliamentary approval does not negate the possibility that things will go wrong, as we saw in Iraq. I suggest that a parliamentary refusal can have dire consequences, as we saw with the Syria vote in 2013.
The Bill would make it less likely that we would take the necessary military action in a time of crisis. If we were to pass such a Bill, I fear we would reinforce the view that this country is not to be taken seriously when we warn aggressors threatening us or our allies in future.
Counter-Daesh: Quarterly Update
Lord Robathan Excerpts(9 years, 11 months ago)
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Earl Howe
I agree completely with the noble Lord, Lord Carlile. Since December 2013, 101,000 pieces of unlawful terrorist material have been taken down from the internet. That brings the overall total to 120,000 since February 2010, when the police Counter Terrorism Internet Referral Unit was set up. The unit makes 100 referrals a day related to Syria.
Lord Robathan (Con)
My Lords, the military action against jihadism started in Afghanistan in 2001. My noble friend may have seen reports that al-Qaeda is regrouping in Afghanistan and indeed plotting attacks against the West from there. Could he give me any indication as to whether those reports are to be given credence? Secondly, if so, what can or should the British Government do in conjunction with allies and the Afghan Government to counter this?
Earl Howe
My noble friend has strayed slightly from the anti-Daesh theme of the Statement, but I can tell him that we are concerned that al-Qaeda is regaining some of its former footholds in Afghanistan. Indeed, the Taliban has made recent gains as well, particularly in Helmand. This is something that we and our allies are looking at very closely. The Afghan armed forces have risen to the challenge that has faced them, but we are in no doubt that that challenge is increasing.
Warships
Lord Robathan Excerpts(10 years ago)
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Earl Howe
My Lords, I do not accept that by 2025 we will have fewer ships. The strategic defence and security review published last year set out the Government’s plans for surface warship building, in particular the Type 26. We committed to precede that programme with two additional offshore patrol vessels. The work to develop a new baseline for Type 26 is proceeding, as is the work preceding the concept study for the design and build of a new light general purpose frigate. The key aim of the national shipbuilding strategy is to have a sustainable long-term shipbuilding capacity in the UK. The point on which I particularly agreed with the noble Lord is that what many people call a regular drumbeat of production is what is required, rather than peaks and troughs.
Lord Robathan (Con)
My Lords, is it not the case that the regrettable reduction in the surface fleet of the Royal Navy has, to a large extent, been caused by the disproportionate amount of the defence budget—particularly the naval part of that budget—for these two magnificent aircraft carriers? While we all look forward to seeing these magnificent ships in service, is it not the case that those who lobbied for them wanted to build the two biggest ships that the Royal Navy has ever had?
Earl Howe
My noble friend is quite right. We can look forward with some eager anticipation to the arrival of the “Queen Elizabeth”-class aircraft carriers, which will indeed be the two largest ships that the Royal Navy has ever had. It will be a proud achievement for this country and will extend our reach, as the Navy and the Government wish to see.
Mental Health Services: Serving Military Personnel
Lord Robathan Excerpts(10 years, 3 months ago)
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The Lord Privy Seal (Baroness Stowell of Beeston) (Con)
My Lords, we have plenty of time; we started early. I leave it to the two noble Lords to decide between themselves.
Earl Howe
My Lords, as someone who has returned to being a Defence Minister after a break of 20 years, there is no doubt in my mind that the Armed Forces have come a very long way in that time. They take the mental health of their personnel extremely seriously. As one would expect, the model adopted is one of best practice, prevention, early detection and the ready availability of evidence-based treatments. This applies not just during a deployment but pre-deployment and post-deployment as well.
Lord Robathan
My Lords, I am sure that the whole House would welcome the improved understanding of mental health issues in the Armed Forces, and, indeed, the improved provision for those who, sadly, develop mental health issues. But would my noble friend agree that most of the Armed Forces are not affected by mental health issues when they are serving and that there is a danger, by concentrating on this, that serving personnel are undermined because they feel that they are being pitied, rather than respected for the excellent work that they do?
Earl Howe
I hope that service personnel do not feel that way, and rather that they feel well supported, but my noble friend is right. It is notable that incidence of post-traumatic stress disorder, for example, is extremely low in the UK Armed Forces in numerical terms. One can attribute that, in very large measure, to the services and support that are now available to Armed Forces personnel, both in this country and on deployment.