Armed Forces: Legal Challenge

Debate between Lord Trefgarne and Lord Freeman

Thursday 7th November 2013 Lords Chamber

[Lord Freeman (Con)]

My Lords, I join colleagues in congratulating the noble Lord, Lord Faulks, on an excellent speech. I find myself in complete agreement with his contribution to this important debate, and my remarks would march very much in time and in tune with what he said.

I want to make what some noble Lords might feel is a rather narrow point, but for me it is very important: the impact of the uncertainty that has been created on the major challenge that we face in increasing our Reserve Forces, particularly the Army reservists. Twenty years ago we had something like—my noble friend Lord Trefgarne will confirm this—50,000 reservists. That fell to 15,000 only quite recently.

[Lord Trefgarne]

My Lords, we aimed for 83,000.

[Lord Freeman]

I defer to my noble friend on the statistics. Now, however, we are looking to increase the numbers to something like 35,000. The uncertainty that has been created by this discussion, however erudite and legal, is causing problems already. I say this as president for the past 10 years of the Reserve Forces Association, and the questions that I get—few at the moment, but they will gather speed and pace—about the liability of reservists who are serving abroad alarms me, and gives me concerns about our ability to reach our target of recruitment over the coming years. It is rather poignant that today the MoD has sent out a call for 1,500 extra reservists for service abroad, principally in Afghanistan.

I make a plea to the Minister and, through him, to his Secretary of State to come to a conclusion fairly quickly. I appreciate that the advice Ministers are receiving is, “Let’s wait and see what the results are of the lower court’s consideration of the issue”—the noble and learned Lord, Lord Hope, referred to two present cases. We cannot wait too long; we need clarification on this issue. I for one, and I dare say a number of noble Lords on this side of the House, would probably favour taking clear action on the Convention on Human Rights and disallowing it in relation to the activities of the Armed Forces, not just on the battlefield but in planning and preparation for conflict.

I look forward to the Minister’s response and hope that we can clarify the situation so that this major task of increasing our reservists can be done in a slightly calmer fashion and we can allay their fears that they might be subject to litigation in the courts of the United Kingdom.